What is the test for determining whether the Minister of Justice was right to grant a conditional discharge in a sexual assault case?
Canada (Federal), Canada
The following excerpt is from Dolinski v. Canada (Attorney General), 2013 FC 1030 (CanLII):
I am satisfied that the Minister’s decision was reasonable in light of the evidence submitted and the applicable standard of proof. In Clue, supra, para. 20, Justice Barnes noted that the standard of proof in such cases involves an assessment of a person’s character or propensities and does not require evidence of the actual commission of an unlawful act. This rationale was applied in the recent decision of Peles v. Attorney General of Canada, 2013 FC 294.
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