A. Gibbons

The offender was convicted by a jury of two counts of second-degree murder, one count of aggravated assault, and one count of discharging a firearm with intent, arising from a shooting outside a Toronto nightclub.

The Crown sought 20 years of parole ineligibility, while the defence sought 15 years.

The court considered the devastating impact on the victims' families and the community, the aggravating factor of using a loaded handgun in a crowded public place, and the mitigating factors of the offender's youth and lack of a prior criminal record.

The court sentenced the offender to life imprisonment with parole ineligibility set at 20 years for the murders, and concurrent seven-year sentences for the other offences.

The applicant, charged with sexual assault, sought to use Facebook messages between himself and the complainant at trial.

The messages had been provided to the police by the complainant and disclosed to the defence by the Crown.

The court held that the s. 278.1 regime does not apply to Crown disclosure, as the Crown's disclosure implies a waiver of privacy by the complainant.

Furthermore, the court found that the complainant did not have a reasonable expectation of privacy in the messages, given they were voluntarily sent to the applicant, a former intimate partner, during an acrimonious period.

The messages were deemed not to be 'records' under s. 278.1 of the Criminal Code.