Law360 Canada (March 26, 2024, 11:27 AM EDT) -- Appeal by Crown from acquittal of respondent on grounds that trial judge erred in his treatment of similar fact evidence as well as in his analysis of complainant's alleged motive to fabricate. The complainant, then 14 years old, moved to a foster home where he lived with his foster mother. The Crown tendered evidence regarding prior sexual offences that the respondent had committed. This evidence was ruled admissible as similar fact evidence in a pre-trial application. The defence’s theory was the complainant fabricated the allegations of assault and sexual touching due to the fear of consequences he would suffer from arriving at the foster home after curfew and impaired by marijuana. The trial judge indicated there was evidence that to some extent the complainant was concerned over the consequences of coming back to the foster home after curfew and impaired. He further found the similar fact evidence adduced by the Crown was not helpful as the pattern of behaviour identified by the Crown, consisting of some touching over clothes and then proceeding to touch under clothing, was so generic as to be all but meaningless as most sexual encounters followed at least a similar course of action. He found the defence raised a reasonable doubt derived from the evidence and the lack thereof such that he could not be sure of the respondent’s guilt to the requisite degree. The respondent was acquitted on charges of sexual assault and sexual interference against the complainant....