D.J.W. Appellant v. Her Majesty The Queen, 2012 SCC 63

SUPREME COURT OF CANADA Citation: R. c. D.J.W., 2012 SCC 63, [2012] 3 S.C.R. 396 Date: 20121116 Docket: 34623 Between: D.J.W. Appellant and Her Majesty The Queen Respondent Coram: LeBel, Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ. Reasons for Judgment: (para. 1) LeBel J. (Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ. concurring) R. v . D.J.W., 2012 SCC 63, [2012] 3 S.C.R. 396 D.J.W. Appellant v. Her Majesty The Queen Respondent Indexed as: R. v . D.J.W. 2012 SCC 63 File No.: 34623.

2012: November 16.

Present: LeBel, Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ. on appeal from the court of appeal for british columbia Criminal law — Aggravated assault — Assault with a weapon — Elements of offence — Accused attempting to circumcise four- year old son — Accused convicted by trial judge of criminal negligence causing bodily harm, but acquitted of aggravated assault and of lesser included offence of assault with a weapon — Court of Appeal entering convictions for aggravated assault and assault with a weapon and entering a stay of conviction for criminal negligence causing bodily harm — All elements of charges against accused had been established.

APPEAL from a judgment of the British Columbia Court of Appeal (Finch C.J. and Kirkpatrick and Hinkson JJ.A.), 2011 BCCA 522 , 314 B.C.A.C. 209, 534 W.A.C. 209, 282 C.C.C. (3d) 352, [2011] B.C.J. No. 2463 (QL), 2011 CarswellBC 3547, setting aside the accused’s acquittal on charges of aggravated assault and assault using a weapon, entering convictions on those charges and entering a stay of the accused’s conviction for criminal negligence causing bodily harm. Appeal dismissed. Douglas H. Christie , for the appellant. Margaret A. Mereigh , for the respondent.

The judgment of the Court was delivered orally by [ 1 ] LeBel J. — We all agree with Hinkson J.A., writing for a unanimous Court of Appeal, that all the elements of the charges against the appellant had been established. We will not comment on whether the charge of assault with a weapon should have been stayed, as this issue was not raised in this Court. Nor do we need, on the specific facts of this case, to rule definitively on whether a circumcision performed by a person without medical training can ever be considered reasonable and in the child’s best interest. For these reasons, the appeal is dismissed.

Judgment accordingly. Solicitor for the appellant: Douglas H. Christie, Victoria. Solicitor for the respondent : Attorney General of British Columbia, Vancouver.