R. v. Ghomeshi, 2016 ONCJ 155 (CanLII) –
Since the decision acquitting Mr. Ghomeshi came down on 24 March 2016, the news media have been filled with commentary. Not unexpectedly, there have been “feminist” commentaries decrying the outcome. During the trial there were demonstrations in front of the courthouse with slogans such as: “we believe survivors.”
The real power of the decision is the confirmation of the Rule of Law. A decision based on the evidence of the particular circumstances made by an experienced and articulate judge. The Court reminded us:
“[123] The law recognizes a spectrum of degrees of proof. The police lay charges on the basis of “reasonable grounds to believe” that an offence has been committed. Prosecutions only proceed to trial if the case meets the Crown’s screening standard of there being “a reasonable prospect of conviction”. … However to support a conviction in a criminal case, the strength of evidence must go much farther and establish the Crown’s case to a point of proof beyond a reasonable doubt. ….”
The court noted, correctly: “Courts must guard against applying false stereotypes concerning the expected conduct of complainants.” Similarly, the Court also noted: “the twists and turns of the complainants’ evidence in this trial, illustrate the need to be vigilant in avoiding the equally dangerous false assumption that sexual assault complainants are always truthful.”
The Court carefully considered and weighed the evidence. In the case of the three complainants, the Court found that they were lacking in honesty, sincerity and accuracy. Indeed, the Court concluded: “The evidence of each complainant suffered not just from inconsistencies and questionable behaviour, but was tainted by outright deception.” In the Court’s view, “the volume of serious deficiencies in the evidence leaves the Court with a reasonable doubt.” Accordingly, the Court dismissed the charges and acquitted Mr. Ghomeshi. Judging from the press coverage as the trial unfolded, this was not unexpected.
It is, of course, important to appreciate the acquittal simply means that the evidence before the Court was insufficient to sustain convictions. That is very different from a finding that Mr. Ghomeshi was “innocent,” but that is not what a criminal trial is about. If there is anything that can be learned, don’t lie, don’t try to “game” the Court.