CITATION: R. v. Baghsaw, 2019 ONSC 3508 PETEROBOUGH COURT FILE NO.: CR-17-2382-00 DATE: 20190610 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: HER MAJESTY THE QUEEN Lisa Wanamaker, for the Crown —and~ KAREN LYNN BAGSHAW Defendant 2 David Barrison, for the Defendant HEARD: April 8, 9, 10, 11, 12, 15, 16, 17, 18 and 24, 2019 PUBLICATION RESTRICTION NOTICE Pursuant to subsection 486.4 of the Criminal Code, there is a ban on disclosing the name of any person involved in the proceedings as a party or a witness or any information likely to identify any such person. This ruling complies with this restriction so that it can be published, SONS FOR DECISION Introduction [1] The accused, Karen Bagshaw, is charged with various offences on the indictment. 121 Uhe various counts relate to allegations that Ms. Bagshaw had sexual relations (both oral and vaginal ST they were under the age of 16 (sexual interference). She 1s also charged with engaging in sexual relations with both complainants while in a position of trust or authority (sexual exploitation). 13] Finally, she is charged with the transmission and receipt of sexual images and communications over Skype witPage: 2 [4] The trial proceeded before me in April of 2019. At the end of the trial, I reserved my decision. These are my reasons. Summary of Evidence [5] QED eestified for the Crown. He was born QP He first met Karen Bagshaw (Ms. Bagshaw or the accused) while he was attending in He was in Grade 7 at the time. She was an educational assistant at the school. In Grade 8, Ms. Bagshaw would hel Jon occasion in relation to his educational needs. 16] According tog in Grade 9, ggrelationship with Ms. Bagshaw turned sexual. helped Ms, Bagshaw set up a Skype account. Qj testified that Ms. Bagshaw would show" him her breasts and vagina and they would masturbate for one another over Skype. 7 =~: started hanging out with Ms. Bagshaw outside of school. According to Qi the fitst time they engaged in oral sex, he was in Grade 9. ‘They went to a bridge They parked near the bridge and Ms. Bagshaw performed fellatio on him. He remembers that it was near the end of the school year and close to the summer, He was 15 years old at the time. 18] In Grade 10, gy went to QI QHBBsestified that — he and Ms, Bagshaw started having scx regularly. ‘They had sex in her car, in hotels, in his garage, in portable toilets, outside in parks and even at her address. [9] Ms. Bagshaw would take him and the other boys to hotels quite regularly, They would stay al many different motels including the Blue Jay Motel, Robyn’s Motel, The Comfort Inn, and Motel 6. Ms, Bagshaw would also take the boys to restaurants and fast food places including Baton Rouge, Jack's, Swiss Chalet, Marty Moos, Mandarin and MacDonald’s. She would take them to malls to shop, including the Pickering town centre, Winners, Scarborough Town Centre, Zoomies, Vaughn Mills Mall. [10] _ Various hotel receipts and banking records were tendered by the Crown to corroborate Qi Receipts filed retlect hotel attendances by Ms. Bagshaw at different fotels on various dates between February 2014 and November 2015. (111 According WAM she would fresuently buy him clothing, Ms. Bagshaw even bought him expensiv@erothes at places like True Religion. When she got her eredit card, she bought him his [phone which was algost $3,000. She bought him a gold necklace und ring worth $3200. She paid the fee to lift his driving suspension and paid his fines. She even paid off'a drug debt for him [12] According (QB his friend ggisboughe it wa: ‘sick” (cool), ‘They were getting weed, alcohol, hotels, clothes, jewellery and even tripsPage: 3 [13] According to Qj most of the times when he would have sex with Ms. Bagshaw, he would be stoned. Ms. Bagshaw would buy them alcohol. She would get him Ciroc Vodka. He still has the bottles. She would also routinely give them money to buy weed. {l4] He believes he had sex with Ms. Bagshaw in front of a number of his fiends including ind GMB Many of his close friends knew what was going on. jalso knew he was having sex with Bagshaw. * [15] He ad IM outs Iso have sex with Ms, Bagshaw togethér. They had thfeesomes maybe 5 oF 6 times. pvas in Grade 10or 11 atthe time. QBponce taped them having sex on an old LU Side phone. Qigshowed itto people inthe gym, According g the video at the time because he was dating LORE he was angry at for show ic up evering up for Qi by saying it was hivr Qn the video. [16] According t he would offen be too tired or too drunk to have sex. She would always be frustrated With him in the morning when he didn’t have sex. . [17] According tNGthe last time he had sexual relations with Ms. Bagshaw was the fall of 2016. Statement to Police : ' 118] Police came to see him in December of 2016. Detective Constable McGrath (DC MeGrath”) suggested that Ms, Bagshaw was saying that he raped hr. Wjggipfelt he had to (alk and tell them what happened. {19} In cross-examination, Qijapareed that he was holding back in the statement. In his initial statement, he mentioned that they had sex 5-10 times with Ms, Bagshaw. But it was much more than that. He thought he had done something wrong. He also did not mention the fact that they smoked weed. [20] When he finished the initial interview with police, AQ testified that he asked Officer MeGrath if he could start a civil suit against the school. McGrath said he could. So he did Pu WEEE 0 508 He went tof Grade 10. He andy were hanging, ut together in 2015-3016. iy was ai ft the time, and Ms. Bagshaw would drive to see him. [22] He was a close friend off atthe time, He knew about Ms. Bagshaw, but he only met her after coming back from| in summer of 2016. [23] He knew that Ms. Bagshaw and! were involved. When they were in the car together, WAY Would ask brim to leave so that they could have some time alone. vou text