SELECTED CASE LAW
In 2012 SKCA 74, the Crown appealed the acquittal of a high school teacher, Ms. M, on charges of sexual exploitation of a 15-year-old male student, Mr. X. Although not his teacher, Ms. M was the other grade 9 teacher at Mr. X’s school. They had both participated in a school weightlifting program, after which they began working out together at a public gym. Their relationship developed over time, with multiple instances of sexual intercourse, happening multiple times a week for several months. The friends of Mr. X did not believe him when he told them the situation, so they listened in on Ms. M make sexual and romantic comments to him over the phone. Their relationship was reported when Ms. M touched Mr. X in front of other students on a school trip and took him away for private interactions.
The judge erred in finding that the teacher was not in a position of authority outside of school hours, it is continuous. The appeal court ordered a new trial.
Criminal Offence(s): Sexual Exploitation