SCC File No - Wagners

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31. The Court says that it would "stretch credulity" for Robert and Tony to suggest that only
now were they beginning to understand the connection between the alleged events and the hann
they suffered.
Ref: Appeal at 16 [Tab 3C]
32. The Court dismisses the appeals on the basis that: limitation period expired; judge
reviewed evidence, applied correct principles and his conclusion did not result in an injustice; no
genuine issue for trial.
Ref: Appeal at 21 [Tab 3C]
PART II - POINTS IN ISSUE
33. This case raises a key issue of public importance that warrants the consideration and
guidance of the Honourable Court:
Is discoverability infused with a substantive knowledge of the harm done? Does a
superficial, generalized knowledge, on the other hand, insulate and protect
pedophile predators? Does the same standard of discoverability in cases of incest
apply to cases of sexual abuse when a child is the ward of a Province?
PART III - STATEMENT OF ARGUMENT
34. The key issue for this Honourable Court to consider is the nature of discoverability in the
context of victims of childhood sexual abuse. When can it be said that a person who was a victim
of sexual abuse as a child has made a causal connection between his abuse and his current
psychological injuries? Does the same standard in cases of incest apply to cases of sexual abuse
when a child is the ward of a Province?
A) Sexual Abuse - An Issue of National Importance
35. The issue of sexual abuse against children and the ability of victims to hold their abusers
accountable is an issue of national importance. As noted in R. v. L.(D.O):
• Each year, in Canada, the number of children who face traumatic situations of
sexual abuse and the resulting aftermath increases;