David Porter

Jayson Cacdac pleaded guilty to sexual assault.

The Crown sought 16 months of actual incarceration, while the defence proposed a 9-12 month conditional sentence.

The court imposed a 16-month conditional sentence, including house arrest and community service, followed by 12 months of probation.

The decision balanced the sentencing objectives of denunciation and deterrence with rehabilitation, considering the accused's first-offender status, remorse, and the victim's vulnerability and the impact of the assault.

The accused, Benjamin Shearer, pleaded guilty to trafficking in fentanyl, possession of fentanyl, and carrying a concealed weapon.

The Crown sought a custodial sentence of two years less a day, while the defence proposed an 18-month conditional sentence.

The court considered the seriousness of fentanyl trafficking and the opioid epidemic, along with the accused's background as a youthful first offender with a long-standing opioid addiction and significant rehabilitative efforts since his arrest.

The court also ruled on the admissibility and necessary redactions of community impact statements.

Applying the principles of proportionality, denunciation, deterrence, and rehabilitation, the court imposed a 20-month conditional sentence for trafficking in fentanyl, a time-served sentence for simple possession, and a concurrent 6-month conditional sentence for carrying a concealed weapon, followed by two years of probation.

The accused pleaded guilty to making child pornography available after uploading an image containing 30 thumbnails of child abuse to a public website.

A search of his residence revealed a moderate collection of child pornography.

The accused, a youthful first offender with a low risk of reoffending, sought a conditional sentence.

The court emphasized denunciation and general deterrence for offences involving the abuse of children, sentencing the accused to 10 months' incarceration followed by 18 months' probation and ancillary orders.

D.C., convicted of rape in California, sought an order exempting him from or terminating his obligations under Canada's Sex Offender Information Registration Act (SOIRA).

He argued that the California offence was not "equivalent to" Canadian sexual assault due to differences in mens rea, and that the Minister's equivalency determination should be based solely on statutory elements, not the underlying conduct.

He also contended that the impact of SOIRA registration on his life was grossly disproportionate and sought to reduce his reporting period from 20 to 10 years.

The court dismissed all applications, ruling that the determination of equivalency must consider the factual circumstances of the foreign conviction, which in D.C.'s case met the standard for sexual assault in Canada.

The court found that the impact of SOIRA was not grossly disproportionate, noting D.C.'s voluntary resignation from employment, and confirmed that the 20-year reporting period was appropriate as sexual assault is deemed an indictable offence under Canadian law.

This is an application for directions regarding the application of section 16 of the Youth Criminal Justice Act (YCJA) to a case involving historical sexual offences.

The accused was charged in two separate proceedings: one in youth justice court for offences allegedly committed before turning 18, and one in adult court for offences allegedly committed after turning 18.

The court was asked whether the youth justice court would have jurisdiction over the entire time period if the youth justice court information were amended to cover the entire period spanning the accused's 18th birthday.

The court held that section 16 of the YCJA grants the youth justice court clear jurisdiction over offences alleged to have occurred during a period that includes the date the accused turned 18, regardless of whether the exact timing of the offences can be ascertained.

Omnibus Garofoli application challenging the naming of multiple accused persons in two authorizations to intercept private communications issued in Project Kraken, an investigation into criminal activity by the Deep Waters and Chester Le gangs in Toronto.

The applicants challenged their inclusion as named targets in the first authorization (March 25, 2019) and second authorization (May 21, 2019), as well as the inclusion of Maral Ashoury's telephone number in an earlier Transmission Data Recorder warrant (February 11, 2019).

The court applied the deferential Garofoli standard of review and upheld the authorizations, finding sufficient reliable evidence that the interception of the applicants' communications could assist in the investigation of criminal organization offences.

The defendant was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 mL of blood within two hours of ceasing to operate the vehicle, contrary to section 320.14(1)(b) of the Criminal Code.

The defendant was found in the driver's seat of a vehicle involved in a collision on Dundas Street West in Toronto.

Breath samples taken approximately two hours after the collision showed readings of 150 mg and 130 mg of alcohol per 100 mL of blood.

The Crown established that the defendant occupied the driver's seat and attempted to start the vehicle before police arrived.

The court found the statutory presumption of operation applied and was not rebutted.

The court also found, in the alternative, that actual care or control was established based on the defendant's position in the driver's seat, her attempt to start the vehicle, and the dangerous circumstances created by the vehicle blocking traffic.

The defendant was convicted.