Trial on numerous charges including sexual assault and interference, as well as receiving a material benefit from prostitution under s 286.2 CC. At the relevant time, 15 year old complainant was working in the sex trade and purchasing drugs from the accused with her earnings. Issue of whether the conduct fell under any of the exceptions in s 286.2(4), such as that of a legitimate business transaction.
Held: Conviction.
Court examined the purpose of s 286.2 CC and the exceptions to that section: Parliament was targeting exploitative conduct. “We must remember that RJL was a vulnerable 15-year old, who was addicted to cocaine…She was a vulnerable child, and he [the accused] provided her with company and drugs. Accordingly, this Court finds that he abused a position of trust, power or authority in relation to RJL.” Thus, accused could not rely on exceptions under ss 286.2(4)(c) or (d) CC.
J. McKen – Defence Counsel