R. v. Profit

Sopinka J. ‑‑ We agree with the conclusion of Griffiths J.A. in his dissenting reasons. When the reasons of the trial judge are considered as a whole, we are satisfied that he dealt with the character evidence tendered in this case adequately. The reasons of the trial judge must be viewed in light of the fact that as a matter of common sense, but not as a principle of law, a trial judge may take into account that in sexual assault cases involving children, sexual misconduct occurs in private and in most cases will not be reflected in the reputation in the community of the accused for morality. As a matter of weight, the trial judge is entitled to find that the propensity value of character evidence as to morality is diminished in such cases.

Accordingly, the appeal is allowed and the convictions restored.