[21] The appellant submits that the trial judge applied stereotypical myths when he rejected aspects of his evidence as \u201cfanciful\u201d and \u201cunbelievable\u201d. We have had the benefit of reviewing the dissenting reasons of our colleague in draft form and agree that it is inappropriate for a court to apply or rely on generalizations or stereotypes about sexual behavior whether assessing the conduct of an accused person or a complainant. However, in our view, the trial judge did not do so when he rejected the evidence of the appellant. When the trial reasons are reviewed in their entirety, it is apparent that the trial judge was not suggesting that it was \u201cunbelievable\u201d that a man would be less interested in engaging in sex than a woman but rather that he found it unbelievable in view of all of the evidence that the appellant was not interested in engaging in sex with the complainant.<\/p>\n
[34] If viewed in isolation some of the trial judge\u2019s statements might raise a concern about stereotypical male thinking and attitudes. However, when viewed in the context of the judgment as a whole, it is apparent that his views were about the appellant, not men in general.<\/p>\n
[35] As cited with approval in R v Davis, [1999] 3 SCR 759, 1999 CanLII 638 at para 103:<\/p>\n
\nIt is not sufficient to \u201ccherry pick\u201d certain infelicitous phrases or sentences without enquiring as to whether the literal meaning was effectively neutralized by other passages. This is especially true in the case of a judge sitting alone where other comments made by him or her may make it perfectly clear that he or she did not misapprehend the import of the legal principles involved. As McLachlin J. said in [R v CRB, 1990 CanLII 142 (SCC), [1990] 1 SCR 717, at p 737]: \u201c[t]he fact that a trial judge misstates himself at one point should not vitiate his ruling if the preponderance of what was said shows that the proper test was applied and if the decision can be justified on the evidence.\u201d<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"
Appliquer des st\u00e9r\u00e9otypes est inappropri\u00e9, que ce soit dans l’\u00e9valuation du comportement de la personne accus\u00e9e d’agression sexuelle ou de celui du plaignant. R. v. Quartey, 2018 SCC 59 Le juge du proc\u00e8s n\u2019a pas non plus rejet\u00e9 erron\u00e9ment le t\u00e9moignage de l\u2019appelant sur la base de g\u00e9n\u00e9ralisations et de st\u00e9r\u00e9otypes. Tout comme les juges […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[120],"tags":[],"yst_prominent_words":[],"acf":[],"_links":{"self":[{"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/posts\/10894"}],"collection":[{"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/comments?post=10894"}],"version-history":[{"count":0,"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/posts\/10894\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/media?parent=10894"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/categories?post=10894"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/tags?post=10894"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.doyonavocats.ca\/en\/wp-json\/wp\/v2\/yst_prominent_words?post=10894"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}