Charlena Tamara Claxton

Noah Spencer was convicted of possessing a loaded prohibited firearm with an overcapacity magazine while subject to a weapons prohibition, and possession of fentanyl, methamphetamine, and crack cocaine for trafficking.

The Crown sought a global sentence of 6 years less pre-sentence custody, while the defence sought a one-year conditional sentence.

The judge balanced aggravating factors, including the dangerous combination of drugs and firearms and breach of a weapons prohibition, against mitigating factors such as Spencer’s youth, disadvantaged upbringing, systemic racism, and demonstrated rehabilitation efforts.

The court imposed a global sentence of 4 years less pre-sentence custody, with consecutive sentences for firearms, CDSA, and prohibition offences, resulting in a net sentence of just over 20 months to serve, followed by probation and a lifetime weapons prohibition.

The accused, Noah Spencer, was charged with five firearms offences and three drug trafficking offences.

He brought a Charter application (ss. 8, 9, 10(b)) seeking exclusion of evidence, alleging unlawful detention, search, and racial profiling by police.

The court dismissed the Charter application, finding the police acted lawfully based on reasonable suspicion and officer safety concerns, and explicitly rejecting claims of racial profiling.

The court found Spencer guilty of all firearms and drug trafficking charges, concluding he was in physical possession of the items and engaged in a joint venture with a co-accused.

The accused pleaded guilty to assault with a weapon against his common-law partner.

The court imposed a two-year penitentiary sentence followed by three years of probation.

The sentencing was aggravated by two prior assaults against the same victim in 1999 and 2012, both involving weapons.

The court emphasized the seriousness of domestic violence in intimate relationships and the breach of trust involved.

Conditions included a no-contact order, weapons prohibition, anger management and domestic violence counselling, and restitution of $1,234.45.

The defendant pleaded guilty to production of a Schedule II substance contrary to section 7(2)(b) of the Controlled Drugs and Substances Act and possession of marijuana for the purpose of trafficking contrary to section 5(3)(a) of the CDSA.

Following a trial of an issue (Gardiner hearing), the court found beyond a reasonable doubt that the defendant produced and possessed marijuana for the purpose of trafficking.

The defendant was an authorized medical marijuana producer who significantly exceeded his authorized production limits.

The court rejected the defendant's evidence that he was engaged in a two-stage operation for personal consumption, finding instead that the scale of the operation, the packaging of marijuana in one-pound quantities with brand names, and the defendant's lack of credibility supported an inference of trafficking.

The court sentenced the defendant to five months concurrent imprisonment on both counts, imposed a 109 order for ten years, ordered a DNA sample, and placed the defendant on probation for two years with conditions prohibiting marijuana production.

The Applicant sought to set aside a separation agreement and claim retroactive and ongoing spousal support after approximately 12 years of common-law cohabitation.

The court found the separation agreement to be valid and binding, including the waiver of spousal support.

The Applicant failed to prove lack of financial disclosure, duress, or a lack of understanding of the agreement's nature and consequences.

The court also determined that the waiver of support did not result in unconscionable circumstances at the time of trial.

The application was dismissed.

Following a five-day trial, the defendant was convicted of public mischief, attempted fraud over $5,000, and perjury.

The defendant falsely reported the theft of a motor vehicle to defraud an insurance company, obtained a proof of loss statement by false pretence, and lied under oath regarding the number of keys he possessed.

The defendant, a 37-year-old engineer with no prior criminal record, was sentenced to 90 days in jail for perjury, with sentence suspended for the remaining counts and placed on probation for one year with conditions including no contact with specified individuals and a DNA sample order.

The defendant was charged with public mischief, attempted fraud over $5,000, false pretence, and perjury arising from a false report of motor vehicle theft.

The Crown alleged the defendant falsely reported the theft of a 2004 Land Rover Range Rover to defraud his insurance company.

The evidence established that the defendant purchased the vehicle, ordered a second key nine days later, had the vehicle serviced, and then reported it stolen.

The defendant made false statements in his insurance claim and under oath regarding the number of keys he possessed.

The court found the defendant guilty on all counts after analyzing the voluntariness of his police statement, the admissibility of his sworn examination, and the corroboration requirements for perjury.

Two offenders pleaded guilty to armed bank robberies committed in Windsor and four additional robberies in Toronto involving firearms, disguises, and violence against bank employees.

The parties jointly proposed a global sentence of 10 years’ imprisonment.

The court held that although a higher sentence in the range of 12 to 15 years would otherwise be fit given the seriousness and multiplicity of the offences, the joint submission did not meet the high threshold required to reject it.

The court also considered the application of the Truth in Sentencing Act and the proper credit for pre‑sentence custody under s. 719 of the Criminal Code.

Credit was granted at 1:1 for the period before the guilty pleas and 1.5:1 for the period after the pleas due to sentencing delay beyond the offenders’ control.