TORONTO, ONTARIO – The Ontario Court of Appeal upheld the sexual assault and drugging convictions of the owner of College Street Bar and one of his managers in a ruling released Thursday. The decision comes after a “prolonged, violent, and degrading” attack on a woman in 2016 in front of the establishment’s security cameras.
Gavin MacMillan, the owner of the now-shuttered College Street Bar, and his manager Enzo De Jesus Carrasco were convicted in 2019 of sexual assault and administering a stupefying substance. They were sentenced to nine years in prison in 2020. Carrasco has since remained behind bars, while MacMillan has been out on bail pending an appeal, but will now start serving his prison sentence.
The two men sought to have their convictions appealed in 2020, arguing that the trial judge had erred in admitting certain expert evidence and in failing to admit evidence regarding the complainant’s prior sexual activity and communications. They also claimed bias on the part of the trial judge.
However, a three-judge panel unanimously struck down the appeal, emphasizing the gravity of the offenses committed. “The circumstances in this case demanded significant custodial sentences,” Justice Mary Lou Benotto said on behalf of the panel in their conclusion. “The offences were, in a word, horrifying. The appellants’ actions demonstrated a sense of entitlement and disrespect for the personal integrity of the complainant.”
The Ontario Court of Appeal’s decision detailed the harrowing experience of the woman, who was subjected to “violent sexual activity” at the bar while highly intoxicated and appeared to be losing consciousness at times. The court also rejected the claim that the sexual activity was consensual, emphasizing that the suggestion of broad advance consent was legally incorrect. Additionally, the court upheld the admission of expert witness evidence and found no evidence of bias on the part of the trial judge.
This development marks the end of a long legal process that began with the original convictions in 2019. As MacMillan begins to serve his prison sentence, questions around consent, evidence admissibility, and judicial bias have been definitively put to rest by the Ontario Court of Appeal.