Bradley Thomas Hart

The court sentenced K.D., a young person, for being an accessory after the fact to the offence of discharging a firearm with intent, following a guilty plea.

The case arose from a fatal shooting at the Pickering Casino Resort.

The Crown sought an adult sentence, but the court found that the presumption of diminished moral blameworthiness was not rebutted and that a youth sentence would be sufficient to hold K.D. accountable.

The court imposed a 6-month deferred custody and supervision order followed by 12 months of probation, with conditions, and ancillary orders including a DNA order and weapons prohibition.

The defendant, Vimalan Ravindran, faced charges of operating a conveyance with over 80 mg of alcohol.

The defence brought a Charter application, arguing that a six-minute delay in making an Approved Screening Device (ASD) demand by the police officer, P.C. Yellapah, breached the defendant's rights under sections 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.

The delay was attributed to the officer's need to confirm the defendant's identity (as he lacked a valid driver's license) and to await backup for officer safety, given the late hour, highway location, and presence of two occupants in the vehicle.

The court found that these circumstances constituted "unusual circumstances" as per Supreme Court of Canada jurisprudence, justifying a flexible interpretation of the "forthwith" requirement for ASD demands.

Consequently, no Charter breaches were found, the breath samples were admissible, and a conviction was registered.

The applicants, Ajitpal Gill and Gurvinder Kang, brought a Charter application seeking a stay of proceedings based on alleged infringements of their rights under Sections 7, 9, and 12.

They claimed excessive force by police during arrest and a breach of their right to be brought before a justice within 24 hours as per Section 503 of the Criminal Code.

The court found that while some police conduct was unprofessional, it did not amount to a substantial interference with the applicants' physical and psychological integrity, especially given the serious and dangerous circumstances preceding the arrest.

Regarding the 24-hour rule breach, the Crown conceded the breach, but the court found it to be technical and inconsequential, causing no actual prejudice.

The application for a stay of proceedings was dismissed.

W.V. pleaded guilty to one count of sexual assault against his younger foster-sister, J.D., for abuse spanning 8 years during their childhood.

The court was tasked with sentencing W.V., considering his self-representation, Indigenous roots (though limited information was available for Gladue principles), and the historical nature of the offences.

The Crown sought an 8-year imprisonment.

The court imposed a 7-year imprisonment, emphasizing denunciation and deterrence, while giving significant credit for W.V.'s exceptional remorse, guilty plea, and cooperation in revealing the full extent of the abuse.

Ancillary orders included a DNA order, SOIRA registration for 20 years, and a no-contact order with the victim.