— 2 —

alleged to have occurred between the 27

th

of June and the 2

nd

of July 2003 but this has since been amended to conform to the evidence that the events occurred between the 4

th

and 6

th

of July 2003.

[4]

The charge with respect to S.D. is sexual assault. This was originally alleged to have occurred between the 15

th

and 20

th

of July 2003. This has now been amended to conform to the evidence that the event occurred between the 15

th

of July and the 2

nd

of August 2003.

The Elements of the Offences

[5]

A criminal "assault" is an intentional appl ication of force to the person of another without that person’s consent. A "sexual assault" is an assault committed in sexual circumstances such that the sexual integrity of the victim is violated. The test to determine if an assault is "sexual" is an objective one. This test asks whether the sexual nature of the contact would be apparent to a reasonable person when viewed in light of all of the circumstances. The actual intent of the accused is only one factor amongst many that may determine if the conduct involved is "sexual".

[6]

"Sexual assault" as defined in our

Criminal Code

covers a very broad spectrum of offensive activity; everything from an uninvited sexual touching to a brutal rape falls under the one title of "sexual assault". The events as described by each of the complainants, taken at face value, fall within this broad definition. Each allegation of violence occurred in an intimate situation.

[7]

With respect to the complainant Lucy DeCoutere, there is an added charge of choking with intent to overcome resistance. This offence is committed when a perpetrator attempts to choke the victim with the intent of facilitating the commission of an offence; in this instance, a sexual assault.

Background Context of the Case

[8]

At the time of the events in question, 2002 to 2003, Mr . Ghomeshi was the host of a CBC television show called “PLAY”. Subsequently, and for several years prior to when these complainants came forward in 2014, he was the host of a CBC radio show called Q. Q is a show which features interviews with prominent cultural and entertainment figures. With Mr. Ghomeshi as the host, Q enjoyed a large and dedicated following.

[9]

It is fair to say that in 2014 Mr. Ghomeshi had achieved celebrity status and was a prominent and well

-

known personality in the arts and entertainment community in Canada. Then, suddenly, in 2014 the CBC publicly terminated him in the midst of several allegations of disreputable behaviour towards a number of women.

[10]