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R. v. DeSutter

2025 SCC 42 Court SCC Decision date 2025-12-05 Heard 2025-12-05 Docket 41754 English

PartiesHis Majesty The King Appellant·Robert Joseph DeSutter Respondent

Judges Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud; O’Bonsawin, Michelle

Decision 3–2 Majority (3) — Martin, Kasirer and O’Bonsawin JJ. · Dissent (2) — Rowe and Jamal JJ.

On appeal from Nova Scotia

Contents
Rowe J. — This is an appeal from a decision of the Nova Scotia Court of Appeal (2025 NSCA 18, 453 C.C.C. (3d) 331) dismissing an appeal by the Crown against an acquittal of Mr. DeSutter by a judge of the Nova Scotia Provincial Court.
Justices Martin, Kasirer and O’Bonsawin would allow the appeal substantially for the reasons of Justice Derrick of the Nova Scotia Court of Appeal. Justice Jamal and I would dismiss the appeal substantially for the reasons of Chief Justice Wood of the Nova Scotia Court of Appeal.
Accordingly, the appeal is allowed and a new trial is ordered on counts 3 and 14 in the information laid on October 25, 2021, relating to sexual exploitation of a person under 18 years of age, contrary to s. 153(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46.

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