Alexandra Youssef

The Court of Appeal for Ontario dismissed the Crown’s appeal from a stay of proceedings entered after a trial judge found that correctional officers, including Officer Warburton, used excessive force and then colluded to cover up the incident by filing false reports and giving misleading testimony.

The trial judge found a violation of the respondent’s Charter rights and determined that a stay was the only appropriate remedy to protect the integrity of the justice system.

The appellate court held that the trial judge’s findings were supported by the evidence, her legal analysis was correct, and her remedy was justified in the circumstances.

This decision concerns the judicial screening of a "faint hope" application under section 745.6 of the Criminal Code by Sean Lenworth Anthony Spence, convicted of first-degree murder.

The court reviews the statutory and legal principles for screening, the applicant’s character and conduct in custody, the nature of the offence, victim impact, and the relevance of deportation.

The court finds that the application is not out of time, that the lower screening standard applies, and that there is a reasonable prospect a jury might reduce the parole ineligibility period.

The application is granted and a jury will be empanelled.

This decision concerns a judicial screening on a "faint hope" application under section 745.6 of the Criminal Code, in which Ronald Cyr seeks a reduction in his parole ineligibility period following a first-degree murder conviction.

The court reviews the statutory criteria, the facts of the offence, the applicant’s conduct and character, and the positions of the parties.

The judge finds that there is a reasonable prospect a jury could reduce the parole ineligibility period and orders that a jury be empaneled to hear the application.

The decision concerns a "faint hope" application by Timothy Belisle, convicted of first-degree murder, seeking a reduction in his parole ineligibility period after serving 15 years.

The court reviews the legislative history and legal standards for faint hope applications, the applicant’s background, conduct, and rehabilitation efforts, as well as the positions of both parties.

Ultimately, the court finds that Mr. Belisle has not demonstrated a reasonable prospect of success before a jury and dismisses the application.