Understanding Grooming through the lens of the Supreme Court of Canada’s decision in R. v. W.W. Decision

The Supreme Court of Canada’s (SCC) recent decision issued on November 14, 2025 in R. v. W.W. (2025 SCC 37) offers an important reminder of how grooming behaviours are recognized and reinforces the definitions within the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS).

 The SCC upheld the conviction of an adult who sent sexually explicit messages and videos to a 15-year-old. The trial judge’s characterization of this behaviour as potentially “flirtatious,” was strongly rejected by the Ontario Court of Appeal and the SCC. As an inchoate crime, the specific criminal offence at issue focuses on risk creation towards minors, not on the completion or even the demonstrated intent to commit a further sexual offence. 

In upholding the conviction, the SCC left no room for doubt, stating:

Depicting the appellant’s conduct and associated intention as “flirtatious” is a serious mischaracterization for describing the sexualized interaction between an adult — in this case a 52-year-old man — and a child. Insofar as it can serve to normalize an adult’s blameworthy conduct as simply playful, erotic or affectionate, instead of inherently criminal, it has no place in an account of a charge involving sexual violence towards children in our system of criminal justice. It bears recalling that a child can never consent to acts of a sexual nature committed by an adult. An adult’s conduct in this connection is not playful but inherently abusive and exploitative and should be properly described as such.

This decision is in alignment with the SCC’s previous interpretation of grooming in R v Bertrand Marchand, 2023 SCC 26, where the Court stated that “while there is no one definition of grooming, it is largely about gaining a child’s trust so as to lower their inhibition when it comes to sexual interactions.”

In that decision, the SCC explained that grooming is “a slow and gradual process of active engagement and a desensitization of the child’s inhibitions, with an increasing gain in power and control over the young person.”  

The Ontario Court of Appeal’s ruling in R v W.W.  relied on Bertrand Marchand, acknowledging that “while often a preparatory process, grooming need not culminate in a sexual act to be harmful.”

For sport organizations, the SCC’s interpretation of grooming in the criminal context involving minors aligns closely with the understanding of grooming and boundary transgressions under the UCCMS.

The UCCMS emphasizes that grooming is often subtle and gradual, with a goal of lowering boundaries to increase access to a participant, particularly a minor, a vulnerable participant or where there is a power imbalance. This standard expands the scope of grooming by taking into account the relational dynamics of the parties to include a potential power imbalance, while the Criminal Code focuses on the age of the victim.

Importantly, under the UCCMS grooming does not require proof that someone intends to facilitate a sexual relationship. A pattern of repeated boundary transgressions, for example, can constitute grooming even if the acts, viewed in isolation, would not necessarily qualify as maltreatment. Understanding the insidious and incremental pattern of potential grooming behaviour matters in sport, as these behaviours are not always obvious. Actions that may appear benign or ambiguous on the surface can still be part of a broader, deliberate strategy to facilitate future harm.

Private communications, small gifts, inappropriate images, or testing of bound boundaries can demonstrate attempts at grooming, even before the behaviour becomes overt or engages other forms of maltreatment.

The nature of sport requires heightened attentiveness, as environments with power imbalances, close relationships, and the potential for unsupervised contact in person and electronically can create conditions where grooming may go unnoticed.

The W.W. decision reinforces the importance of adopting and implementing strong safeguarding frameworks, with effective educational efforts to provide age-appropriate information to all participants. This can include helping staff, coaches, and volunteers to identify early warning signs, establishing clear reporting pathways, and ensuring that grooming behaviours are treated as serious violations, regardless of whether further misconduct occurs.

Creating a safe and welcoming sport environment means recognizing risk early and responding decisively. The SCC’s statement reinforces the legal and practical foundation for doing just that.

If you need support to enhance your Sport Integrity policies and education materials, please connect with Will at wrussell@sportlaw.ca or Angie at abellehumeur@sportlaw.ca