Law360 Canada ( March 10, 2026, 9:49 AM EDT) -- Appeal by appellant from conviction and sentence for sexual assault and forcible confinement; application to adduce fresh evidence on appeal. The appellant was convicted, after trial by judge alone, of two counts of sexual assault, and one count of forcible confinement. He served his 28-month sentence and was on parole at the time of the appeal. He appealed his conviction on the basis of ineffective assistance from counsel. In specific, he claimed that his trial counsel failed to explain, advise, or obtain his instructions regarding his right to a trial by jury, his right not to testify, knowing that no adverse inference could be drawn should he decide not to testify, and his right to appear at trial in person rather than remotely. The appellant claimed that these failures on the part of his trial counsel denied him a fair trial, resulting in a miscarriage of justice. He sought to set aside his convictions and obtain an order for a new trial before judge and jury. The Crown claimed trial counsel advised the appellant of his rights and obtained instructions, such that the appellant’s ineffective assistance of counsel claim should have been dismissed. However, it consented to the admission of the fresh evidence....