3 total
Accused must follow formal constitutional challenge procedure despite prior trial court ruling striking down provisions.
The accused, charged with sexual offences, brought a motion for directions seeking a declaration that the court was bound by a previous Superior Court decision (R. v. Reddick) which struck down sections 278.92, 278.94(2), and 278.94(3) of the Criminal Code as unconstitutional.
The accused argued this would bypass the need to file a formal Notice of Constitutional Question under Rule 27.
The court dismissed the motion, applying the Court of Appeal's reasoning in R. v. Sullivan that the ordinary principles of stare decisis apply to declarations of invalidity by trial courts, and directed the accused to follow the formal procedure to challenge the provisions.
Brothers sentenced to 7 years and 12 months respectively for extensive fraud, arson, and public mischief.
The two accused were sentenced for their roles in a series of destructive crimes.
Joseph Pickstock pleaded guilty to multiple counts of fraud, arson, break and enter, and public mischief, causing extensive financial and emotional devastation to numerous victims, including an elderly man.
He was sentenced to a global term of 7 years' imprisonment and ordered to pay over $533,000 in restitution.
Robert Pickstock pleaded guilty to four counts of public mischief for diverting police attention from his brother's crimes.
He was sentenced to 12 months' imprisonment, 3 years' probation, and ordered to pay partial restitution.
Custody Appeal dismissed
Kirsten Pemberton pleaded guilty to infanticide and concealing the dead body of her child.
The court considered sentencing principles, including denunciation, deterrence, and rehabilitation, particularly in light of the diminished moral blameworthiness recognized for infanticide due to a disturbed mind.
The court also addressed credit for pre-trial custody and strict bail conditions.
A conditional sentence of one year for infanticide and six months concurrently for concealment was imposed, followed by two years of probation and a 20-year common law peace bond requiring notification of future pregnancies and medical care.
