Caolán Moore

The accused, Krishna Arora, pleaded guilty to four counts of forcible confinement and one count of extortion with a firearm.

The offences involved confining four individuals and extorting $1.75 million from a lawyer by threatening violence and using firearms.

The court considered aggravating factors such as the seriousness of the crimes, the use of firearms, and the significant trauma to victims, balanced against mitigating factors including the accused's personal circumstances, lack of extensive criminal record, and potential immigration consequences.

The Crown sought a nine-year sentence, while the defence sought three years.

The court imposed a total effective sentence of eight years imprisonment, including credit for pre-sentence custody and house arrest.

Ancillary orders for DNA, firearm prohibition, forfeiture, victim fine surcharge, and restitution were also made.

Motaz Haj pleaded guilty to two counts of fentanyl trafficking, one to an undercover officer and one as a party to a sale that resulted in a fatal overdose.

The court considered a joint submission for a six-year sentence, with the primary issue being the credit for pre-sentence custody, particularly concerning harsh conditions at the Toronto South Detention Centre during the COVID-19 pandemic.

The court emphasized the devastating impact of fentanyl and the victim's death as aggravating factors, balanced against the guilty plea, remorse, and difficult custody conditions.

The judge ultimately accepted the joint submission for a six-year sentence, crediting the offender with time served, including enhanced credit for pre-sentence custody and a further credit for harsh conditions, followed by a two-year probation period.

The accused, M.J.I., sought a detention review under s. 525 of the Criminal Code, arguing that the initial detention order was inappropriate, the proposed release plan was strengthened, and the COVID-19 pandemic constituted a material change in circumstances.

The court found no error in the initial detention and deemed the revised release plan insufficient on its own.

However, considering the accused's serious injuries, restricted mobility, asthma, and increased vulnerability to COVID-19 in custody, the court determined that his continued detention was not necessary to maintain public confidence in the administration of justice.

M.J.I. was ordered released on house arrest with three sureties and electronic monitoring, subject to specific conditions.

The accused was charged with possession of a prohibited weapon (a flick knife) found during a police search of his pants pocket.

The accused brought an application to exclude the knife pursuant to s. 24(2) of the Charter, arguing that it was obtained in violation of his rights under ss. 8, 9, and 10(b) of the Charter.

The court found that the police detention of the accused became unlawful when he was removed from the van without proper grounds, and that the accused was denied access to counsel of choice throughout his detention.

The court excluded the knife as evidence and dismissed the charge.

The accused was charged with three counts of sexual assault, three counts of sexual interference with a person under 14, and one count of invitation to sexual touching with a person under 16.

The defence sought to cross-examine a police officer at the preliminary hearing regarding redacted emails between York Regional Police and the Crown's office, claiming solicitor-client privilege.

The defence argued that if privilege was asserted, the court could review the redacted materials to determine whether privilege actually applied.

The court dismissed the application, holding that disclosure and privilege disputes are not within the jurisdiction of a preliminary hearing court and that the defence was attempting indirectly to circumvent disclosure rules that are reserved for the trial court.