10 total
A first-time offender convicted of mid-level cocaine trafficking received a conditional sentence due to exceptional rehabilitative efforts and personal circumstances.
The offender pleaded guilty to possession of cocaine for the purpose of trafficking (682.37 grams of 98% pure cocaine) and possession of property (cash of $30,733.00) obtained by crime.
The Crown sought five years imprisonment, while the defence sought a conditional sentence of two years less one day.
The court imposed a conditional sentence of two years less one day followed by 12 months of probation, finding that despite the serious nature of the offences and aggravating factors, the offender's lack of criminal record, genuine remorse, rehabilitative efforts, difficult personal background, and positive character references warranted a community-based sentence.
The court emphasized that the offender was more than his error and that proportionality, individualization, and the unique circumstances of the case justified departure from the typical sentencing range.
A mid-level dealer convicted of trafficking fentanyl and cocaine received a six-year custodial sentence.
Sarah Davison pleaded guilty to multiple drug trafficking and possession charges, including fentanyl and cocaine, and several Criminal Code offences.
The Crown sought a 6-year sentence, while the defence sought 4 years.
The court found Davison to be a mid-level dealer, distinguishing her from an "addict dealer" as characterized in prior case law.
Applying principles of denunciation and deterrence, while also considering rehabilitation, the court imposed a 6-year concurrent sentence for the Controlled Drugs and Substances Act (CDSA) trafficking and possession for purpose offences, 5 months concurrent for simple possession, and 30 days concurrent for the Criminal Code charges.
The offender was sentenced to 10 years for firearms and drug trafficking offences, with Gladue factors deemed inapplicable.
Thomas Stephens was found guilty of multiple offences including possession of a stolen motor vehicle, a loaded antique firearm, and possession for the purpose of trafficking cocaine and methamphetamine.
The court considered the Crown's request for a 12-year sentence and the defence's request for 5 years.
The court also addressed the application of Gladue factors, finding insufficient information to link the offender's asserted Indigenous heritage to his moral culpability or appropriate sentencing procedures.
Applying the totality principle, the court imposed a global sentence of 10 years, reduced to 9.5 years with pre-sentence COVID credit, with specific sentences for each offence, emphasizing denunciation and deterrence for firearms and drug trafficking offences.
Accused convicted of drug trafficking and weapons offences after arrest in a stolen vehicle.
The accused was arrested in a stolen vehicle following a report of erratic driving.
A search incident to arrest revealed a loaded handgun, approximately 130 grams of methamphetamine, and 50 grams of cocaine.
The accused was charged with multiple offences including possession for the purpose of trafficking in cocaine and methamphetamine, various firearm offences, possession of a stolen motor vehicle, and breaches of probation and weapons prohibition orders.
The court granted directed verdicts on several firearm charges after determining that the handgun was an antique firearm manufactured prior to 1898, which falls outside the definition of "firearm" under certain sections of the Criminal Code.
The court found the accused guilty of possession for the purpose of trafficking in both drugs, possession of a weapon for a dangerous purpose, breaches of probation, breach of weapons prohibition, possession of a stolen motor vehicle, and careless use of a firearm.
Charter application to exclude evidence from cell phone searches and intercepted communications dismissed.
The applicant brought a motion to exclude evidence under ss. 8 and 24(2) of the Charter, arguing that police lacked lawful authority to search cell phones and intercept conversations.
The court dismissed the application, with written reasons to follow, to allow counsel to prepare for the upcoming trial.
Evidence excluded and accused acquitted due to multiple Charter violations during an arbitrary police stop.
The defendant was charged with multiple offences including possession of stolen property, failing to comply with recognizance, breach of probation, using a stolen credit card, and simple possession of morphine.
Following a blended voir dire and trial, the court found that the defendant's Charter rights under sections 8, 9, 10(a), and 10(b) were violated during a police stop and search.
The Crown conceded a section 8 breach.
The court found additional violations of sections 9, 10(a), and 10(b), and excluded all evidence obtained as a result of these breaches under section 24(2) of the Charter.
The defendant was acquitted on all counts.
Custody Application decision
The accused pleaded guilty to multiple serious drug trafficking and production offences, including six counts of trafficking in cocaine, one count of possession of cocaine for the purpose of trafficking, seven counts of possession of proceeds of crime, two counts of production of cannabis marihuana, and one count of possession of cannabis marihuana for the purpose of trafficking.
The offences occurred between July and November 2011 and involved significant quantities of controlled substances.
The accused was a mid to high-level dealer operating as a commercial enterprise.
The court imposed a sentence of eight years and two months imprisonment after crediting pre-trial custody and strict bail compliance, balancing principles of general deterrence and denunciation with rehabilitation and restraint.
The court sentenced a first-time offender to two years less a day in a provincial reformatory for large-scale drug export and money laundering, rejecting a conditional sentence.
The defendant pleaded guilty to eight criminal offences including possession of ephedrine for export, selling a natural health product without a licence, possession of proceeds of crime exceeding $1.3 million, money laundering of $8.9 million, and tax fraud against the Canadian government.
The offences occurred over an extended period from 2007 to 2010 and involved a sophisticated, large-scale commercial operation.
The defendant was the directing mind of the enterprise, not merely a courier.
The court imposed a sentence of two years less one day in a provincial reformatory, followed by two years probation and a ten-year firearms ban, rejecting the defence submission for a conditional sentence despite mitigating factors including the defendant's guilty plea, cooperation with authorities, first-time offender status, and family support.
Court of Appeal declined to exercise concurrent jurisdiction for pre-trial bail review absent special circumstances.
The applicant, charged with terrorism offences, was denied bail by a justice of the peace and twice by superior court judges.
After a direct indictment was filed, he applied to a single judge of the Court of Appeal for a bail review.
The court held that the trial had not yet commenced for the purposes of s. 523(2)(a) of the Criminal Code, meaning s. 520 governed the application.
However, the court declined to exercise its concurrent jurisdiction under s. 520, ruling that absent special circumstances, superior courts should deal with bail prior to and during a trial.
The application was dismissed.
Warrantless inventory search of impounded vehicle violates section 8, but evidence admitted under section 24(2).
The appellant was arrested for possession of narcotics.
Hours later, an RCMP officer conducted a warrantless inventory search of the appellant's impounded car pursuant to police policy, discovering cash and cocaine.
The Supreme Court of Canada held that the search violated section 8 of the Charter because an inventory search is not a valid objective of the common law power of search incident to arrest, and thus the search was not authorized by law.
However, applying the Collins test under section 24(2) of the Charter, the Court concluded that the non-conscriptive evidence should not be excluded, as the breach was not serious and exclusion would have a more detrimental impact on the administration of justice.