THUNDER BAY — A former youth leader found guilty of sexual assault and sexual interference has lost an appeal to overturn the convictions.
The charges date back two incidents that occurred in Thunder Bay between July and August 2019 when the appellant, who was 19-years-old at the time, was a leader in a local youth organization.
A publication ban remains in effect protecting the identity of the complainant, who was under the age of 16, which by order of the judge issued at trial, extends to all involved parties, including the appellant.
The assaults took place outside of organized youth group events at the appellant's home and on a boat at Marina Park.
The complainant and a second witness testified before Justice Danalyn MacKinnon at trial and the appellant also testified in his own defence.
In February 2022 MacKinnon found the appellant guilty of sexual assault and sexual interference, citing his inconsistent and evasive testimony.
The appellant was seeking the appeal on the grounds that the trial judge erred in relying on evidence from improper cross-examination by the Crown, her analysis of witness testimony, not addressing problems with the complainant’s evidence, and subjecting the accused’s memory to excessive scrutiny.
Justices Mary Lou Benotto, Lorne Sossin, and Jill M. Copeland of the Court of Appeal of Ontario heard the matter last month and released a decision Tuesday dismissing the appeal.
The decision states that all the arguments for appeal as set out by the appeallant did not demonstrate that MacKinnon erred in her finding of guilt.
“We do not accept that the trial judge applied different standards in assessing the competing version of events in this case, or that she erred in her credibility assessments of [the accused], [the witness], or the complainant,” the decision reads.
“There is no indication in the trial judge’s reasons, or elsewhere, that an inappropriate difference in standards was applied. To the extent the trial judge treated the evidence of the complainant and [the witness] as children differently from the evidence of [the accused] as an adult, this was appropriate in the circumstances.”
The appeal was ultimately dismissed by the three judges.
