Position of Trust as a Factor in Sentencing
General Principles
It is an aggravating factor in sentencing for the offender to have been in a position of trust.[1] 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.[2]
"Position of trust" is not defined in the criminal code. Courts will occasionally resort to the use of dictionary definition to interpret its meaning.[3]
"Trust" refers to "confidence in or reliance on some quality or attribute of a person".[4] 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.[5]
The existence will depend on "all the factual circumstances relevant to the characterization of the relationship".[6]
Considerations include:[7]
- difference in ages
- evolution of the relationship
- status of the accused in relation to the victim
- 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".[8]
- Child Abuse
A person who is a babysitter will generally be considered in a position of trust.[9]
- Employees
An aircraft maintenance employee is not in a position of trust with respect to passengers on a plane.[10]
- ↑ see s. 718.2(a)(iii)
- ↑ Audet 1996 CanLII 198 (SCC), [1996] 2 SCR 171, per La Forest J
- ↑
R v MC, 2012 ONSC 2505 (CanLII), per Thorburn J, at para 26
- ↑ Audet at para 35
- ↑ Audet, supra, at para 36
- ↑ Audet, supra
- ↑ Audet
- ↑
see R v Fones, 2012 MBCA 110 (CanLII), [2012] M.J. No. 407, per Hamilton JA, at para 68
R v R(GW), 2011 MBCA 62 (CanLII), [2011] M.J. No. 246, per Steel JA, at para 42
- ↑ e.g. R v AGA, 2010 ABCA 61 (CanLII), per curiam
- ↑
R v Rocha, 2012 ABPC 24 (CanLII), per Groves J - offence of voyeurism by taking photos up the skirt of a passenger