Andrea McPhedran

The appellant appealed his conviction for driving with a blood alcohol concentration over the legal limit, arguing the trial judge erred in admitting breath sample evidence obtained in breach of his ss. 8 and 9 Charter rights.

The trial judge had found the roadside breath demand violated the appellant's Charter rights because the officer lacked objectively reasonable suspicion, but declined to exclude the evidence under s. 24(2) of the Charter applying the R. v. Grant framework.

On appeal, the sole issue was whether the trial judge erred in finding the first stage of the Grant test favoured admission.

The appeal court found the trial judge did not improperly equate the officer's conduct with good faith, but rather assessed the totality of police conduct including respectful treatment and diligence in facilitating s. 10(b) rights, and upheld the s. 24(2) analysis as reasonable and well-supported.

The court found Davy Hernandez Balan guilty of first degree murder in the death of Maxim Karyakin.

The main issue was whether Mr. Balan, who has a history of schizophrenia and previous findings of not criminally responsible due to mental disorder (NCR-MD), was criminally responsible for the killing.

The court accepted that Mr. Balan suffered from schizophrenia but was not satisfied that the mental disorder rendered him incapable of knowing his act was morally wrong.

The court found that the murder was planned and deliberate, and that Mr. Balan had the requisite intent for murder.

Following a jury trial, the defendant was found guilty of manslaughter and discharging a firearm with intent.

The charges stemmed from a fatal shooting in a public parking lot.

The Crown sought a 15-year sentence, while the defence proposed 10 years before credit for pre-trial custody.

The court considered various aggravating factors, including the deliberate use of an illegal firearm, multiple shots, harm to multiple victims, flight from the scene, and the significant impact on the victim's family.

Mitigating factors included the defendant's relative youth, a single prior youth conviction, a history of domestic violence trauma, family support, and harsh pre-trial custody conditions.

The court also considered the provocation that reduced the charge from second-degree murder to manslaughter, noting its limited impact on moral culpability.

The judge determined an appropriate sentencing range for firearm-related manslaughter to be 12 to 15 years.

Applying principles of denunciation, deterrence, and rehabilitation, the court imposed a total sentence of 11.5 years imprisonment, to be served concurrently with a 6-year sentence for the firearm charge.

After accounting for 5 years of pre-trial custody credit, the defendant was sentenced to a further 6.5 years imprisonment, along with a lifetime s. 109 order and a DNA order.

The Crown applied under s. 123 of the Youth Criminal Justice Act (YCJA) for access to S.S.'s youth records to assist in his adult sentencing for manslaughter and reckless discharge of a firearm.

S.S. had previously been found guilty of assault causing bodily harm as a young person.

The court granted the application, finding that the Crown had a valid and substantial interest in the records, disclosure was not prohibited, and access was necessary for the proper administration of justice, balancing S.S.'s privacy interests against the public interest in a fit sentence for a serious adult re-offence.

During a jury trial for second-degree murder and attempted murder, the Crown sought to admit three hearsay statements under the principled exception to the hearsay rule after the witnesses failed to adopt them in court.

The court excluded a police statement due to a lack of necessity and suggestive questioning.

However, the court admitted a witness's preliminary inquiry testimony, finding the witness's claimed lack of memory amounted to a recantation, satisfying necessity and procedural reliability.

The court also admitted a surreptitiously recorded video of another witness describing the shooting, finding necessity met by the witness's feigned memory loss and threshold reliability established through procedural safeguards and corroborative evidence (gunshot residue in a Gucci bag).

A second video was excluded due to its prejudicial effect regarding the accused's bad character.

The defendant, Collin Temoin, faced multiple charges including assault and criminal harassment related to his former girlfriend.

The court assessed conflicting accounts from the complainant, the defendant, and other witnesses regarding four alleged incidents.

The Crown's case relied heavily on credibility findings.

The court found the complainant's evidence to be cautious due to inconsistencies and combative demeanor, while the defendant's candor regarding sending a hurtful email was noted.

Ultimately, the court found the defendant guilty of one count of assault (Father's Day incident) and one count of assault (Blake Court incident), dismissing the charges related to the Niagara Falls incident and criminal harassment.