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ARTICLE · 01 JULY 2024

Ontario Judge Admonished For Not Providing Written Reasons

In a recent decision by the Ontario Court of Appeal an Ontario trial judge was rebuked for not providing written reasons in acquitting a man accused of very serious assaults, some of which were sexual...

CanadaLitigation, Mediation & Arbitration

In a recent decision by the Ontario Court of Appeal an Ontario trial judge was rebuked for not providing written reasons in acquitting a man accused of very serious assaults, some of which were sexual assaults. R. v. Sliwka, 2017 ONCA 426

The trial judge acquitted the accused and said when deciding to acquit that written reasons would be forthcoming. Written reasons were never provided.

The Crown appealed the acquittals on the basis that were no reasons for judgment and that the failure to provide reasons for the acquittals amounted to an error in law, requiring the quashing of the acquittals and the order of a new trial on all counts.

The Ontario Court of Appeal agreed.

The trial judge said in open court "I have now had full opportunity to carefully consider the matter and to arrive at a decision on all of the counts. My detailed written reasons will be released on Monday, March 14th, 2016." The Court of Appeal said, "They are not reasons that in any way

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