Adam R. Newman

In a criminal Charter motion, the accused sought a stay of proceedings after being arrested on an outstanding warrant and not being brought before the issuing jurisdiction for approximately three months.

Interpreting Criminal Code ss. 514, 511(4), 511(1)(c), and 503(1), the court held that the warrant was executed upon arrest and that police were required to bring the accused before a justice without unreasonable delay.

The court rejected the Crown’s position that execution occurred only at the later Hamilton bail appearance and found breaches of ss. 7 and 9 of the Canadian Charter of Rights and Freedoms.

Applying the stay framework in Regan and Babos, the court found no demonstrated prejudice to trial fairness or to the integrity of the justice system in the specific circumstances, including parallel lawful detention on other charges.

The application for a stay was therefore dismissed.

The court sentenced David Morias for offences including possession of a loaded restricted firearm, possession of a prohibited device, and possession of fentanyl and cocaine for the purpose of trafficking.

The decision reviews the aggravating and mitigating factors, the impact of systemic anti-Black racism, and the appropriate sentencing range for mid-level fentanyl traffickers.

The court imposed a global sentence of 90 ⅔ months after credits for pre-trial custody and restrictive bail conditions, with ancillary orders including a lifetime weapons prohibition, DNA order, and forfeiture.

The three accused, Anand Nath, Suliman Raza, and Naqash Abbasi, were found guilty of first-degree murder and five counts of attempted murder with a firearm following a shooting at a restaurant.

The court considered whether the offense constituted a terrorism offense, finding that while the motive clause (political, religious, or ideological purpose) was met, the intention clause (to intimidate the public) was not.

The court emphasized the aggravating factors, including the planned and deliberate nature of the crimes, the group plan, the gratuitous violence against bystanders, and the profound impact on victims.

The judge imposed concurrent life sentences for all counts for each offender, along with ancillary orders.

The accused, Mr. David Morias, brought an application to exclude evidence obtained during a search and seizure, alleging violations of his rights under sections 7, 8, and 10(b) of the Canadian Charter of Rights and Freedoms.

The Crown conceded a violation of s. 10(b) rights (right to counsel) due to an 8-hour delay in facilitating a call to counsel, but argued against exclusion under s. 24(2).

The court found no violation of s. 8 (unreasonable search/seizure) as the search warrant was validly issued and executed, and no violation of s. 7 (excessive force) as the police's use of force was deemed reasonable given the circumstances.

Despite the serious s. 10(b) breach, the court dismissed the application to exclude evidence under s. 24(2), finding that its admission would not bring the administration of justice into disrepute, primarily because the evidence was not causally connected to the breach and was reliably obtained via a valid warrant.

During a Zoom preliminary inquiry for two accused charged with first-degree murder, a screen capture of one accused was taken and uploaded to social media, violating section 136 of the Courts of Justice Act.

The court suspended the observer portion of the Zoom proceedings to prevent further violations, emphasizing the seriousness of such acts and the potential for witness intimidation.

To uphold the open court principle, arrangements were made for public observation in a physical courtroom with limited capacity due to COVID-19 protocols and police supervision, while the main proceedings continued virtually.