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38870

Her Majesty the Queen v. Thomas Slatter

(Ontario) (Criminal) (As of Right)

(Publication ban in case)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-03-05 Appeal closed
2020-11-26 Transcript received, 65 pages
2020-11-09 Formal judgment sent to the registrar of the court of appeal and all parties
2020-11-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-11-06 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2020-11-06 General proceeding, (Letter Form), Case Sensitivity Questionnaire Thomas Slatter
2020-11-06 Judgment on the appeal rendered, CJ Mo Ka Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Number C65248, 2019 ONCA 807, dated October 8, 2019, was heard on November 6, 2020, and the Court on that day delivered the following judgment orally:

MOLDAVER J. — We are all of the view that the appeal must be allowed, for the reasons of Justice Pepall, with which we agree.

We would simply underline that when assessing the credibility and reliability of testimony given by an individual who has an intellectual or developmental disability, courts should be wary of preferring expert evidence that attributes general characteristics to that individual, rather than focusing on the individual’s veracity and their actual capacities as demonstrated by their ability to perceive, recall and recount the events in issue, in light of the totality of the evidence. Over-reliance on generalities can perpetuate harmful myths and stereotypes about individuals with disabilities, which is inimical to the truth-seeking process, and creates additional barriers for those seeking access to justice.

Accordingly, we would allow the appeal and restore the conviction.
Allowed
2020-11-06 Hearing of the appeal, 2020-11-06, CJ Mo Ka Br Row Mar Kas
Judgment rendered
2020-11-04 Certificate (on limitations to public access), (Letter Form), 23B-condensed Book Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-11-04 Intervener's condensed book, (Book Form) Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-11-04 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book Thomas Slatter
2020-11-04 Respondent's condensed book, (Book Form) Thomas Slatter
2020-10-26 Notice of appearance, (Letter Form), Matthew R. Gourlay will appear before the Court on behalf of the Intervener (CLAO). Criminal Lawyers' Association of Ontario
2020-10-22 Notice of appearance, (Letter Form), Suzan E. Fraser will appear before the Court on behalf of the Intervener (LEAF et al). Suzan E. Fraser will present oral argument at the hearing. Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-10-21 Notice of appearance, (Letter Form), Deepa Mattoo will appear before the Court on behalf of the Intervener (BSCC). Deepa Mattoo will present oral argument at the hearing. Barbra Schlifer Commemorative Clinic
2020-10-21 Notice of appearance, (Letter Form), Robert J. Reynolds and Mike Pretsell will appear before the Court on behalf of the Respondent (Slatter). Mr. Reynolds will present oral argument at the hearing. Thomas Slatter
2020-10-21 Notice of appearance, (Letter Form), Jamie Klukach and Caitlin Sharawy will appear before the Court on behalf of the Appellant (HMTQ). Jamie Klukach and Caitlin Sharawy will present oral argument at the hearing. Her Majesty the Queen
2020-10-20 Notice of appearance, (Letter Form), Janine Benedet will appear before the Court on behalf of the Intervener (IC, previously known as CACL). Inclusion Canada (previously known as Canadian Association for Community Living)
2020-10-13 Supplemental document, (Book Form), Supplemental Book of Authorities, Completed on: 2020-10-15, (Printed version filed on 2020-10-15) Thomas Slatter
2020-09-02 Notice of hearing sent to parties
2020-08-25 Appeal hearing scheduled, 2020-11-06
Judgment rendered
2020-08-04 Certificate (on limitations to public access), (Letter Form), 23B Thomas Slatter
2020-08-04 Reply factum on appeal, (Book Form), Completed on: 2020-08-04, (Printed version filed on 2020-10-05) Thomas Slatter
2020-07-27 Intervener's book of authorities, (Book Form), Completed on: 2020-07-27 Barbra Schlifer Commemorative Clinic
2020-07-27 Intervener's factum, (Book Form), Completed on: 2020-07-27, (Printed version filed on 2020-10-08) Barbra Schlifer Commemorative Clinic
2020-07-27 Intervener's book of authorities, (Book Form), Completed on: 2020-07-27, (Printed version filed on 2020-10-08) Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-07-27 Intervener's factum, (Book Form), Completed on: 2020-07-27, (Printed version filed on 2020-10-08) Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-07-24 Intervener's book of authorities, (Book Form), Completed on: 2020-07-24 Criminal Lawyers' Association of Ontario
2020-07-24 Intervener's factum, (Book Form), Completed on: 2020-07-24, (Printed version filed on 2020-10-09) Criminal Lawyers' Association of Ontario
2020-07-24 Intervener's factum, (Book Form), Completed on: 2020-07-24, (Printed version filed on 2020-10-08) Inclusion Canada (previously known as Canadian Association for Community Living)
2020-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (by email to all parties on July 15, 2020)
2020-06-29 Order on motion for leave to intervene, By Justice Cote (sent to parties by email June 29, 2020)
2020-06-29 Decision on the motion for leave to intervene, Côt,
UPON APPLICATION by the Criminal Lawyers’ Association of Ontario for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted without costs. The said intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before July 27, 2020.

The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondent any additional disbursements resulting from its intervention.
Granted
2020-06-29 Submission of motion for leave to intervene, Côt
2020-06-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-06-26, (Printed version due on 2020-07-06) Thomas Slatter
2020-06-25 Correspondence received from, (Letter Form), Janine Benedet
Do not intend to file a response to the motion for leave to intervene by Criminal Lawyers' Association of Ontario. 		Inclusion Canada (previously known as Canadian Association for Community Living)
2020-06-24 Correspondence received from, (Letter Form), Suzan E. Fraser
Do not intend to file a response to the motion for leave to intervene by Criminal Lawyers' Association of Ontario. 		Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-06-17 Certificate (on limitations to public access), (Letter Form), 23B Thomas Slatter
2020-06-17 Respondent's factum, (Book Form), Completed on: 2020-06-17, (Printed version filed on 2020-10-05) Thomas Slatter
2020-06-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-06-15, (Printed version due on 2020-06-22) Her Majesty the Queen
2020-06-12 Notice of name, (Letter Form), (Printed version due on 2020-06-19) Criminal Lawyers' Association of Ontario
2020-06-12 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-06-19) 		Criminal Lawyers' Association of Ontario
2020-05-19 Order on motion for leave to intervene, by CÔTÉ J.
2020-05-19 Decision on the motion for leave to intervene, Côt,
UPON APPLICATION by the Canadian Association for Community Living; the Women’s Legal Education and Action Fund Inc., the DisAbled Women’s Network Canada and the ARCH Disability Law Centre (jointly); and the Barbra Schlifer Commemorative Clinic for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted without costs. The said three (3) interveners or groups of interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before July 27, 2020.

The said three (3) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

Any other person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada must serve and file a motion for leave to intervene on or before June 12, 2020. Notice of this deadline will be placed on the Court’s website. Any further intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada must also serve and file its respective factum, not to exceed ten (10) pages, and book of authorities, if any, on or before July 27, 2020.

The respondent is granted permission to serve and file a single factum in reply to all interventions not to exceed ten (10) pages in length on or before August 4, 2020.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

Granted
2020-05-19 Submission of motion for leave to intervene, Côt
2020-04-30 Reply to the motion for leave to intervene, (Book Form), Incomplete, (Printed version due on 2020-05-07) Barbra Schlifer Commemorative Clinic
2020-04-24 Reply to the motion for leave to intervene, (Book Form), Incomplete, (Printed version due on 2020-05-01) Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-04-21 Correspondence received from, (Letter Form), agent for the intervener. Further to the deadlines suspension and current COVID-19 situation, information with regards to the expected filing deadline for the reply (motion for leave to intervene). Barbra Schlifer Commemorative Clinic
2020-04-17 Response to the motion for leave to intervene, Response to the motion filed by Barbra Schlifer Commemorative Clinic, Incomplete, (Printed version due on 2020-04-24) Thomas Slatter
2020-04-17 Response to the motion for leave to intervene, Response to the motion filed by Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre, Incomplete, (Printed version due on 2020-04-24) Thomas Slatter
2020-04-06 Response to the motion for leave to intervene, (Letter Form), Response to the motion filed by Barbra Schlifer Commemorative Clinic, Incomplete, (Printed version due on 2020-04-15) Her Majesty the Queen
2020-04-06 Response to the motion for leave to intervene, (Letter Form), Response to the motion filed by Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre, Incomplete, (Printed version due on 2020-04-15) Her Majesty the Queen
2020-03-30 Notice of name, (Letter Form), (Printed version due on 2020-04-06) Barbra Schlifer Commemorative Clinic
2020-03-30 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-04-06) 		Barbra Schlifer Commemorative Clinic
2020-03-30 Notice of name, (Letter Form) Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-03-30 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-04-06) 		Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre
2020-03-25 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-03-25, (Printed version due on 2020-04-01) Inclusion Canada (previously known as Canadian Association for Community Living)
2020-03-23 Response to the motion for leave to intervene, (Book Form), Completed on: 2020-03-23, (Printed version filed on 2021-03-24) Thomas Slatter
2020-03-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-03-17, (Printed version filed on 2020-03-17) Her Majesty the Queen
2020-03-12 Notice of name, (Book Form), (Included in the motion for leave to intervene), AMENDED version required (received 2020-03-27) Inclusion Canada (previously known as Canadian Association for Community Living)
2020-03-12 Motion for leave to intervene, (Book Form),
MISSING:
1) filiing fee
2) amended notice of name (received 2020-03-27), Incomplete 		Inclusion Canada (previously known as Canadian Association for Community Living)
2020-03-04 Correspondence received from, (Letter Form), Robert J. Reynolds.
RE: Appellant's request to list the appeal in the Spring 2020 session. 		Thomas Slatter
2020-03-02 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2020-03-02 Appellant's factum, (Book Form), Completed on: 2020-03-02 Her Majesty the Queen
2020-02-28 Certificate (on limitations to public access), (Letter Form), 23B (for Appellant's Record) Her Majesty the Queen
2020-02-28 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2020-02-28 Appellant's record, (Book Form), (6 volumes), Completed on: 2020-02-28 Her Majesty the Queen
2020-02-28 Appellant's book of authorities, (Book Form), Completed on: 2020-02-28 Her Majesty the Queen
2020-02-28 Correspondence received from, (Letter Form), Jamie Klukach.
Request to list the appeal in the Spring 2020 session. 		Her Majesty the Queen
2020-02-18 Order on motion to quash, sent to all parties by fax on February 18, 2020
2020-02-18 Order on motion to extend time, see order above
2020-02-18 Decision on the motion to quash the appeal, THE COURT:
UPON APPLICATION by the respondent for an order quashing the notice of appeal filed from the judgment of the Court of Appeal for Ontario, Number C65248, 2019 ONCA 807, dated October 8, 2019, and for an order extending the time to serve and file the motion to quash;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time to serve and file the motion to quash is granted.

The motion to quash is dismissed.

Dismissed
2020-02-18 Decision on motion to extend time
Granted
2020-02-18 Submission of motion to quash
2020-02-18 Submission of motion to extend time
2020-01-14 Certificate (on limitations to public access), (Letter Form), Form 23B Her Majesty the Queen
2020-01-13 Certificate (on limitations to public access), (Letter Form), Form 23B Thomas Slatter
2020-01-13 Certificate (on limitations to public access), (Letter Form), Form 23A Thomas Slatter
2020-01-10 Response to the motion to quash, (Book Form), Completed on: 2020-01-10 Her Majesty the Queen
2019-12-20 Motion to extend time, (Book Form), (Included in the motion to quash), to serve and file the motion to quash., Completed on: 2019-12-20 Thomas Slatter
2019-12-20 Motion to quash, (Book Form),
MISSING: 12 copies (received 2019-12-23) and Forms 23A/23B (received 2020-01-13), Completed on: 2020-01-14 		Thomas Slatter
2019-11-08 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2019-11-08
2019-11-07 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-11-07 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-11-07 Notice of appeal, (Letter Form), Completed on: 2019-11-07 Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Slatter, Thomas Respondent Active

Other parties

Other parties
Name Role Status
Inclusion Canada (previously known as Canadian Association for Community Living) Intervener Active
Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre Intervener Active
Barbra Schlifer Commemorative Clinic Intervener Active
Criminal Lawyers' Association of Ontario Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Jamie C. Klukach
Caitlin Sharawy
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jamie.klukach@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Slatter, Thomas

Counsel
Robert J. Reynolds
Mike Pretsell
Reynolds O'Brien LLP
183 Front St
PO Box 1327 Stn Main
Belleville, Ontario
K8N 5J1
Telephone: (613) 966-3031
FAX: (613) 966-2390
Email: rreynolds@reynoldsobrien.com
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com

Party: Inclusion Canada (previously known as Canadian Association for Community Living)

Counsel
Janine Benedet
University of British Columbia
Peter A. Allard School of Law
1822 East Mall
Vancouver, British Columbia
V6T 1Z1
Telephone: (604) 822-0637
FAX: (604) 822-8108
Email: benedet@allard.ubc.ca
Agent
Moira Dillon
Supreme Law Group
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Women's Legal Education and Action Fund Inc., DisAbled Women's Network Canada, ARCH Disability Law Centre

Counsel
Suzan E. Fraser
Kerri Joffe
Fraser Advocacy
31 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 703-9555
FAX: (877) 704-0348
Email: fraser@fraseradvocacy.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Barbra Schlifer Commemorative Clinic

Counsel
Deepa Mattoo
Tamar Witelson
Joanna Birenbaum
Barbra Schlifer Commemorative Clinic
489 College Street
Suite 503
Toronto, Ontario
M6G 1A5
Telephone: (416) 323-9149 Ext: 244
FAX: (416) 323-9107
Email: dmattoo@schliferclinic.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Criminal Lawyers' Association of Ontario

Counsel
Matthew R. Gourlay
Cassandra M. DeMelo
Henein Hutchison LLP
235 King Street East
First Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mgourlay@hhllp.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Summary

Keywords

Criminal law - Appeals - Sufficiency of reasons - Whether the majority of the Court of Appeal erred in law in finding that the trial judge’s reasons were insufficient because he: failed to address the complainant’s reliability; found that the complainant’s evidence was self-corroborating; and failed to provide reasons for rejecting the defence evidence.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(PUBLICATION BAN)

At trial, the respondent, Mr. Slatter, was convicted of sexual assault but found not guilty of sexual exploitation of a person with a disability. A majority of the Ontario Court of Appeal allowed Mr. Slatter’s appeal against the conviction and ordered a new trial on the count of sexual assault. In its view, the trial judge’s reasons were insufficient. In dissent, Pepall J.A. would have dismissed the appeal as, in her view, Mr. Slatter had a fair trial. The failure of the trial judge to expressly address in his reasons the defence submission that the complainant was suggestible did not render the trial judge’s reasons for decision insufficient thus requiring a new trial. In addition, Pepall J.A. disagreed that the trial judge erred in failing to explain his rejection of the defence evidence. Finally, standing alone, the fact that the trial judge improperly relied on the complainant’s evidence as being self-corroborating was not enough to allow the appeal.

Lower court rulings

December 18, 2017
Ontario Superior Court of Justice

CR-14-0039-00

Respondent convicted of sexual assault and found not guilty of sexual exploitation of a person with a disability.
October 8, 2019
Court of Appeal for Ontario

2019 ONCA 807, C65248

Appeal allowed and new trial ordered on count of sexual assault.

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Date modified: 2025-02-27