Quebec City (Rajeev Sharma): The Quebec Court of Appeal has overturned the guilty verdict against former junior hockey player Noah Corson, ordering a new trial in a high-profile sexual assault case. Corson, the son of former Montreal Canadiens star Shayne Corson, had been sentenced in 2024 to two years less a day in prison for the sexual assault of a minor under the age of 16. The appellate court’s decision, released on Thursday, found that the original trial judge committed a significant legal error in evaluating evidence central to Corson’s defence.
The case stems from a 2016 encounter involving Corson, who was 18 at the time, and a 15-year-old girl at her residence. While the physical encounter was not disputed, the legal battle hinged on the issue of consent and whether Corson had taken “reasonable steps” to verify the girl’s age. Under Canadian law, an accused can sometimes use a “mistaken belief in age” defence if they can prove they took all necessary precautions to ensure the complainant was of legal age.
In the original 2024 ruling, Quebec Court Judge Paul Dunnigan had dismissed this defence, stating that Corson was “reckless” or “wilfully blind” regarding the girl’s age. However, the Court of Appeal ruled on Thursday that Judge Dunnigan erred by failing to properly consider a piece of evidence favourable to the defence. Specifically, Corson argued that he was under the impression the girl lived in a student apartment with a friend—a factor that would reasonably suggest she was older than 15. The appellate judges found the analysis of this age-related defence to be fundamentally flawed.
Noah Corson, who previously played for the Drummondville Voltigeurs, had challenged the verdict based on these factual and analytical errors. Following the Appeal Court’s intervention, the previous sentence has been vacated. Crown prosecutor Marc-André Roy has indicated that the prosecution will review the written judgment and consult with the complainant before deciding on the next steps for the retrial.
