SELECTED CASE LAW
In 2010 SKCA 152, Mr. C was convicted of repeated harassing phone calls at the trial level. Mr. C had made repeated phone calls to his ex-wife that were of harassing nature. He would call multiple times a day and say offensive and abusive things. This continued for four months. He appealed the conviction and the sentence and sought to adduce fresh evidence that showed he had been acquitted or stayed of a similar charge in the past based on similar behaviour. A new trial was ordered, but the judge denied the application to introduce new evidence. The Crown appealed the order for a new trial and the court of appeal denied the application to introduce fresh evidence because it would not support Mr. C’s contention that he had a lawful excuse to make the harassing calls.
Also see: 2009 SKQB 193 (Appeal), 2009 SKCA 128 (Appeal).
Criminal Offence(s): Harassing Communications