R. v. Berg

canada, canadian, case law, court opinion, canlii, csc-scc, 2026canlii32678, 2026 scc 21 (canlii), 2026, scc, 21, (canlii), 41980, 2026, criminal and statutory offences, sexual assault, consent, accused charged with sexual assault and convicted after trial, main issue whether complainant consented to sex, trial judge rejected accused’s account and relied on complainant’s testimony and corroborating circumstantial evidence, conviction resting on proof beyond a reasonable doubt addressed, appeal dismissed, evidence, credibility, inconsistencies, whether trial judge failed to resolve material inconsistencies in complainant’s testimony, assessment of complainant’s testimony alongside conflicting account considered, appellate review of credibility findings in sexual assault trial, acceptance of complainant’s evidence examined within reasons as a whole, appeal dismissed, evidence, assessment, totality of evidence, whether trial judge erroneously used complainant’s testimony to reject accused’s account, w. (d.) framework and proof beyond a reasonable doubt emphasised, concern about credibility contests where neither account has frailties standing alone, corroborating circumstantial evidence considered, no reversible error, appeal dismissed, procedure, reasons, appellate review, guidance on application of r. v. j.j.r.d. (2006), 218 o.a.c. 37, whether trial judges should rely on j.j.r.d. when structuring w. (d.) analyses or jury directions, j.j.r.d. characterised as sufficiency of reasons case for appellate review, caution against short, circuiting w. (d.), appeal dismissed