Crown recommends acquittal on 1 charge against former educational assistant in Whitehorse
CBC
Warning: This story contains details some people may find distressing.
Citing a lack of evidence, the Crown prosecutor in the trial of a former educational assistant at Whitehorse's Hidden Valley Elementary School has asked the judge that William Auclair-Bellemare be acquitted on a charge of sexual assault.
It seemed to mark an unusual end to the three-day trial on Wednesday, which heard from four witnesses over allegations of sexual abuse against a student. Crown prosecutor Caroline Lirette said she was unable to find enough evidence that there had been any physical contact between the alleged victim and Auclair-Bellemare, adding that she had a legal duty to invite acquittal.
Auclair-Bellemare stood trial this week on two other charges: invitation to sexual touching and forcible confinement against a student. The alleged incident took place between 2015 and 2017.
The alleged victim, a student, in this week's trial described being taken by Auclair-Bellemare from a classroom to a change room that was not being used.
Auclair-Bellemare allegedly drew a sketch of the child before throwing it away.
The identity of the child, who appeared in court via video conference on Monday, is covered by a publication ban.
Crown prosecutor Caroline Lirette argued that there was an invitation to sexual touching when Auclair-Bellemare allegedly asked the child to remove their pants and underwear. She said the act constitutes indirect touching as the child had to touch themself or be touched in order to get undressed. She said it meant exposing the child's private parts.
Lirette asked the judge to recognize the sexual intention that comes with such a request.
She also argued that the alleged victim testified that they felt they had to stay in the changing room — which could constitute forcible confinement. Lirette argued Auclair-Bellemare's intention of confinement was clear when he took the child outside of class without authorization. She argued there's no need to prove the child was physically restrained.
"Their freedom was limited," Lirette told the court.
Defence lawyer Kim Arial argued the alleged incident simply never happened.
She claimed the Crown failed to provide substantial witnesses. She also also said there were too many gaps in the memory of the child, who only recalled the alleged incident after a CBC article about sexual abuse at the child's school.
Lirette pointed to several instances in the child's testimony that seemed unclear or added to fill some void in their memory. She said this wasn't done "with bad intention," but to complete the story and to make sense out of it.
When the federal government tabled its 2025 budget last month, it included a proposal that tax fraud experts say is long overdue — if also a belated acknowledgement that the Canada Revenue Agency has been repeatedly duped into paying out untold millions in bogus tax refunds to scammers.
Talking with an AI chatbot can successfully convince people to change their votes and could affect the outcome of future elections, according to a new study.
While some are writing wishlists for Santa Claus, a group of Newfoundland and Labrador youth are writing their wishlist for the provincial government.
A horse owner near Stewiacke, N.S., says the current shortage of hay in the province is putting pressure on her financially.
Victoria Volkanova was remembering Jewish resilience and courage by celebrating Hanukkah on Sunday.
Winnipeggers are still digging out from this past week’s winter wallop, but the wait for roadside assistance is almost over, according to the provincial motoring association.
When long-time journalist Cornelia Naylor picked up the first copy of her newly printed community newspaper this week, it wasn’t something she had ever expected to do.
The province's police watchdog is investigating the circumstances surrounding the death of a woman in Toronto Sunday.
Toronto police say a collision involving several vehicles in the city's east-end left one driver in life-threatening condition Sunday.
A church service in Stratford, P.E.I., brought together Christmas traditions from across the globe on Sunday.
On an extremely cold day, many people would prefer to stay home, cozy up under a blanket, and put on the TV, radio, or a favourite podcast.
In an era of Ring doorbells and No Soliciting signs, breaking the evening silence of a suburban London street can sometimes feel like a radical act.
For years, oil tanker traffic has been prohibited off the waters of northern British Columbia in order to protect environmentally sensitive coastlines from disaster.