R. v. Fraser (A.D.), 2010 NSSC 194

• Judge: Cacchione, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 12, 2010
• Jurisdiction: Nova Scotia
• Citations: 2010 NSSC 194;(2010), 291 N.S.R.(2d) 193 (SC)

R. v. Fraser (A.D.) (2010), 291 N.S.R.(2d) 193 (SC);

    922 A.P.R. 193

MLB headnote and full text

Temp. Cite: [2010] N.S.R.(2d) TBEd. MY.042

Her Majesty The Queen v. Antoine Dominique Fraser

(CRH 307794; 2010 NSSC 194)

Indexed As: R. v. Fraser (A.D.)

Nova Scotia Supreme Court

Cacchione, J.

May 18, 2010.

Summary:

The accused teacher was convicted of sexually exploiting a 15 year old female student while in a position of trust or authority (Criminal Code, s. 153(1)(a)). The accused was 18 years older. They had a consensual sexual relationship for approximately 16 months, involving oral and vaginal intercourse and attempted anal intercourse. The Crown sought two years' imprisonment. The accused sought 90 days' imprisonment, to be served intermittently.

The Nova Scotia Supreme Court sentenced the accused to nine months' imprisonment followed by one year's probation. The court ordered that the accused be registered under the Sex Offender Information Registration Act, as the effect of registration would not be grossly disproportionate to the accused's privacy and security interests.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 3090.5

Special powers - Sex offender registration legislation - Registration - Exceptions or exemptions - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5949 ].

Criminal Law - Topic 5949

Sentence - Sexual interference or exploitation by person in position of trust or authority - The accused teacher was convicted of sexually exploiting a 15 year old female student while in a position of trust or authority - The accused was 18 years older - They had a sexual relationship for approximately 16 months, involving oral and vaginal intercourse and attempted anal intercourse - The accused lacked remorse and denied moral responsibility - The student's consent was not a mitigating factor - The accused nurtured a relationship with a student he knew or ought to have known was experiencing some emotional or psychological issues - The accused was now 36 - He was married with two children and had no prior criminal record - The accused's mother and wife continued to disbelieve the student - The accused lost his employment as a teacher and was publicly humiliated, which had a deterrent effect - This was a serious abuse of trust over a lengthy period of time - The Crown sought a sentence of two years' imprisonment - The accused sought 90 days' imprisonment, to be served intermittently - The Nova Scotia Supreme Court sentenced the accused to nine months' imprisonment followed by one year's probation - The court ordered that the accused be registered under the Sex Offender Information Registration Act, as the effect of registration would not be grossly disproportionate to the accused's privacy and security interests.

Cases Noticed:

R. v. K.G.R., [2009] A.R. Uned. 355 (Prov. Ct.), revd. in part (2009), 469 A.R. 148; 470 W.A.C. 148 (C.A.), refd to. [para. 36].

R. v. Byford, [2000] O.J. No. 2134 (Sup. Ct.), refd to. [para. 38].

R. v. Lithgow, [2007] O.J. No. 4448 (C.J.), refd to. [para. 39].

R. v. P.G., [2005] O.J. No. 4620 (Sup. Ct.), affd. (2006), 215 O.A.C. 74 (C.A.), refd to. [para. 40].

R. v. Lizotte, [2007] N.W.T.J. No. 54 (Terr. Ct.), refd to. [para. 41].

R. v. Power (H.G.), [2009] B.C.T.C. Uned. 1514 (S.C.), refd to. [para. 42].

R. v. N.M., [2009] B.C.J. No. 1776, refd to. [para. 43].

R. v. Debidin (S.), [2007] O.T.C. Uned. I55 (Sup. Ct.), varied (2008), 244 O.A.C. 268 (C.A.), refd to. [para. 44].

R. v. Cassidy (C.A.) (2006), 302 N.B.R.(2d) 86; 784 A.P.R. 86 (T.D.), refd to. [para. 45].

R. v. Haugo, [2006] B.C.J. No. 1540, refd to. [para. 46].

R. v. Andrews (D.B.) (2006), 394 A.R. 349 (Prov. Ct.), refd to. [para. 46].

R. v. D.F.G. - see R. v. Genge (D.F.).

R. v. Genge (D.F.) (2003), 234 Nfld. & P.E.I.R. 156; 696 A.P.R. 156 (Nfld. C.A.), refd to. [para. 46].

R. v. T.D.M. - see R. v. McCrackin (T.D.).

R. v. McCrackin (T.D.) (2004), 351 A.R. 168 (Prov. Ct.), refd to. [para. 46].

R. v. McNally, [2008] A.J. No. 586, refd to. [para. 46].

R. v. Edwards (O.E.) (2003), 180 B.C.A.C. 302; 297 W.A.C. 302 (C.A.), refd to. [para. 46].

R. v. Ingram, [2000] B.C.J. No. 1248 (Prov. Ct.), refd to. [para. 46].

R. v. Penner (T.W.) (2001), 318 A.R. 51 (Q.B.), refd to. [para. 46].

R. v. Burn, [2007] B.C.J. No. 2959 (Prov. Ct.), refd to. [para. 46].

R. v. C.M., [2000] B.C.J. No. 2230 (Prov. Ct.), refd to. [para. 46].

R. v. R.L. (2007), 74 W.C.B.(2d) 11; 2007 ONCA 347, refd to. [para. 101].

R. v. Redhead (D.G.) (2006), 384 A.R. 206; 367 W.A.C. 206 (C.A.), refd to. [para. 101].

Counsel:

Alonzo Wright, for the Crown;

Joshua M. Arnold, Q.C., for the accused.

This matter was heard on May 12, 2010, at Halifax, N.S., before Cacchione, J., of the Nova Scotia Supreme Court, who delivered the following judgment on May 18, 2010.