Persistent
British Columbia
The word “persistent” has been equated with the word “repetitive”: R. v. Y. (J.) [1996] S.J. No. 61, (1996), 104 C.C.C. (3d) 512 (Sask. C.A.) at para. 25. One definition of “persistent” taken from the Shorter Oxford Dictionary of English, 6th ed. (Oxford: Oxford University Press, 2007) is “continuing to exist or occur over a prolonged period, enduring”. Other dictionary definitions suggest the word encompasses continuing in a course of action in the face of obstacles. For the purposes of this case, I adopt the definition most favourable to [the accused] - that the word “persistent” as it is used in the subsection, contemplates continuity of conduct over a prolonged period, and resilience in the face of obstacles.
R. v. McDonald |
2015 CarswellBC 3421 (B.C. S.C.) at para. 306 |
Fitch J.
[The Concise Oxford Dictionary] defines “persistent” as “continuing obstinately; enduring, constantly repeated”.
Young v. Lort |
2007 CarswellBC 1960 (B.C. S.C.) at para. 24
Wilson J.
Saskatchewan
... since Parliament had used the term “repetitive behaviour” in s. 753(a)(i) [of the Criminal Code, R.S.C. 1985, c. C-46], and the term “persistent aggressive behaviour” in s. 753(a)(ii) [of the Code], the term “persistent” in the latter clause should be read as meaning something more than merely repetitive: that there should be proof that the behaviour continued in the face of obstacles or remonstrance, something which was not established in this case, since the appellant had never been previously convicted or otherwise impeded in the pursuit of his activities ... the Oxford Concise Dictionary defines the word persistent as meaning “enduring” or “constantly repeated”. The judge made no error in finding that the behaviour of the appellant was persistent in view of the fact that the period of time during which he committed the offences of which he was convicted extended from 1964 to 1992 without any significant periods during that time when no offences were being committed.
R. v. Y. (J.) |
1996 CarswellSask 52 (Sask. C.A.) at para. 25 |
Sherstobitoff J.A.