Arika Kleiman

The accused, charged with sexual assault and pointing a firearm, applied for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.

The total delay was 30.5 months.

The Crown argued that much of the delay was attributable to the defence and that the case was complex.

The court deducted 185 days of defence delay, resulting in a net delay of 25 months, which still exceeded the 18-month presumptive ceiling for the Ontario Court of Justice.

The court found no exceptional circumstances or case complexity to justify the delay.

The application was granted and the proceedings were stayed.

The accused was charged with robbery after stealing a vehicle at gunpoint from an innocent family in a mall parking lot.

The accused claimed he acted in self-defence, arguing he stole the vehicle to escape after being attacked during a drug deal and firing his own handgun.

The court found that while the accused reasonably believed a threat of force was being used against him and acted for a defensive purpose, his response of robbing innocent bystanders at gunpoint was not reasonable in the circumstances.

The accused's reckless role in creating the dangerous situation by bringing a loaded handgun to a drug deal weighed heavily against the reasonableness of his actions.

The accused was found guilty of robbery.

The offender pleaded guilty to possession of a loaded, restricted firearm, careless use of a firearm resulting in injury, and possession of cocaine for trafficking.

The court imposed a global five-year sentence with credit for pre-sentence custody, resulting in a two-year custodial term followed by three years of probation.

The decision extensively addresses systemic racism, the deplorable conditions at the Toronto South Detention Centre, and the impact of family separation on the offender's children.

The court balanced denunciation and deterrence with rehabilitation, restraint, and consideration of the offender's difficult life experiences and strong family support.