Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

On December 17 and 18, 2001, the Respondent stood trial in the Court of Québec on the following charge:

[translation] Did, between December 13, 1995 and May 31, 1999, at Québec in the district of Québec, commit incest with C.R. knowing her to be his daughter, thereby committing the indictable offence provided for in subsection 155(2) of the Criminal Code.

At trial, the prosecution called four witnesses: the victim, her mother, a physician and a neighbour of the family. The testimony of the victim, who was born in December 1990, related to the various acts her father is accused of; those acts allegedly began when she was four or five years old. Doctor Déry, who was recognized as an expert on the subject of sexual abuse following a voir dire, explained that he had met the victim on October 8, 1999; a physical examination of the child and a sexual abuse assessment grid revealed that sexual abuse involving penetration had occurred. All means of penetration were possible, but the physician ruled out the possibility of an accident. The mother testified about her separation from her husband in 1998; she also related her daughter's confidences regarding the Respondent's acts. The mother complained to the police in 1999 after a neighbour informed her that the child had told her she was sleeping with her father. The neighbour confirmed this fact in her testimony. Finally, the Respondent denied committing such acts against his daughter. He admitted to his criminal record, including a conviction for sexual assault, but acknowledged that he had been in therapy. The Respondent considers that his sexual problems have been resolved in a proportion of only about fifty percent.

The Court of Québec convicted the Respondent for attempted incest. In the Court of Appeal, the Appellant conceded that there was no evidence in respect of the offence of attempted incest but nevertheless asked the Court of Appeal to consider the included offences of sexual interference and sexual assault. The Court of Appeal acquitted the Respondent, pointing out that he had not been charged with sexual assault or with sexual interference under s. 151 Cr.C.