SCC Decision: January 25, 2008

R. v. C.L.Y., 2008 SCC 2
Click here to link to the fulll judgment.
(Criminal / Burden of proof)
C.L.Y., a teenager, was convicted of two counts of sexual assault at trial.  The assault charges arose from incidents that allegedly occurred while C.L.Y. was babysitting a girl between the ages of six and eight.  The Supreme Court allowed the appeal and ordered a new trial, finding that the trial judge misapprehended and mischaracterized the evidence, specifically leading the judge to disbelieve C.L.Y.  The Court split on whether the trial judge shifted the burden of proof by accepting the complainant's evidence before hearing the evidence of the accused.
Majority/Concurring: 4/3