SCC nominee’s sexual assault ruling questioned by Newfoundland Crown

The legal reasoning of Newfoundland Court of Appeal Justice Malcolm Rowe is front and centre in a Crown appeal in a sexual spousal assault case the Supreme Court of Canada is scheduled to hear early in 2017.
The nominee for the Supreme Court is alleged by the Crown to have made a number of legal errors in a judgment issued this spring in R. v. S.B. Rowe wrote the majority decision, which declined to order a new trial for a man acquitted by a jury of assault, sexual assault and weapons charges.
Rowe, with Justice Charles White concurring, outlined several …
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