The accused was alleged to have committed human trafficking and related offences between 2006-2011. At trial, the trial judge did not accept the complainant’s evidence. Yet, the trial judge did find that the accused had engaged in threats, intimidation and injury towards the complainant. However, the judge found that this was “past discreditable conduct” and not evidence that could be applied to make a finding on the actus reus of the charged offences. The accused was acquitted.The Crown appealed, and the Nova Scotia Court of Appeal agreed with the Crown that the trial judge erred in finding that the evidence of threats and violence towards the complainant was “past discreditable conduct.” However, the Court of Appeal held that the error could not have impacted the trial judge’s findings because a finding of exploitation or attempted exploitation rested on the evidence of the complainant, which was ultimately not accepted at trial. The appeal was dismissed. The dissenting judge however, held that had the trial judge not made such a grave evidentiary error, the verdict may very well have not been the same. She emphasized that the Crown was entitled to rely on the evidentiary presumption in S. 279.01(3) of the Criminal Code. The dissenting judge would have set aside the acquittals and ordered a new trial.

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“What did the council decide on item 42?” — answered with the speaker and the moment.

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