Law360 Canada ( April 24, 2026, 3:22 PM EDT) -- Appeal by the accused from an order of the Court of Appeal setting aside the acquittal of his sexual assault charge and substituting a conviction. On cross-examination, the complainant, who was the accused’s spouse, stated that the assault occurred around 10 or 11 p.m. The accused’s alibi was that he had left the marital home around 9 p.m., which was before the time the complainant alleged the sexual assault occurred. The trial judge found that because the accused presented alibi evidence to rebut the complainant’s assertion as to the time of the assault, the Crown had to prove the assault occurred at that time, and it failed to do so. The Court of Appeal concluded that the Crown did not have to prove the timing of the offence to that level of specificity....