SELECTED CASE LAW
ONTARIO:
In 2015 ONCA 927, Mr. G appealed his conviction for the sexual exploitation of Ms. N. He was her music teacher in grade 9 and conductor of the school band. He was in his late 20s at the time. He was very close with his students. He would hug male and female students, act as a counselor or friend to them, and e-mailed his students regularly outside of his teaching capacity. In the 10th grade, Ms. N’s parents and those of another student expressed concern that Mr. G’s relationship with the students had become too familiar. He apologized to the parents and stopped emailing the students. Ms. N and Mr. G developed a friendship and then a romantic relationship, starting when she was in the 10th grade, while she was struggling with anxiety and depression. When she was 18-years-old they had sexual intercourse. The relationship was only later exposed when Ms. N confided in a counselor who reported him to the Children’s Aid Society.
Mr. G did not deny he was in a place of authority and did not deny she was a young person. However, he denied that they ever kissed while she was under 18 years of age, which she claimed happened on two occasions. The trial judge did not find Mr. G credible and convicted him of sexual exploitation. His appeal of the conviction was dismissed.
Criminal Offence(s): Sexual Exploitation