Position of Trust as a Factor in Sentencing
It is an aggravating factor in sentencing for the offender to have been in a position of trust. A position of trust is distinctive from a position of authority and will be determined on the specific facts including the conduct of the offender.
"Trust" refers to "confidence in or reliance on some quality or attribute of a person". In considering whether there is a position of trust, courts must consider parliament's purpose in protecting young persons who are vulnerable and weak in relation to the accused.
Limited Trust Positions
Adult persons who enter into relationships with young persons can put themselves into "qualified positions of trust" or form "low-end trust relationships".
A person who is a babysitter will generally be considered in a position of trust.
An aircraft maintenance employee is not in a position of trust with respect to passengers on a plane.
- see s. 718.2(a)(iii)
- Audet 1996 CanLII 198 (SCC),  2 SCR 171
- Audet at para 35
- Audet at para 36
see R v Fones, 2012 MBCA 110 (CanLII),  M.J. No. 407, para 68
R v R. (G.W.), 2011 MBCA 62 (CanLII),  M.J. No. 246, para 42
- e.g. R v A.G.A., 2010 ABCA 61 (CanLII)
R v Rocha, 2012 ABPC 24 (CanLII) - offence of voyeurism by taking photos up the skirt of a passenger