Derek Ishak

The accused, Roydel Ramsay-Morris, was charged with multiple firearm-related offences following the execution of two search warrants.

He brought a Charter application alleging breaches of his s. 10(a) and 10(b) rights.

The court found no breach of s. 10(a) (right to be informed of reason for arrest).

However, the court found a breach of s. 10(b) (right to counsel) due to significant delay in providing rights to counsel and a lack of privacy during the initial call to counsel.

Applying the Grant test for exclusion of evidence under s. 24(2) of the Charter, the court determined that the seriousness of the police misconduct and its impact on the accused's Charter-protected rights outweighed society's interest in the adjudication of the case on its merits.

Consequently, the loaded firearm and associated ammunition were excluded as evidence, leading to the acquittal of the accused.

Andrew Burke pleaded guilty to four robberies (three banks, one restaurant).

The court considered aggravating factors, including his extensive criminal record (58 convictions, 17 robberies), repeated re-offending shortly after release, and the psychological harm to victims.

Mitigating factors included his guilty plea, expressed remorse (though noted as repetitive), participation in programs, and family support.

The court found rehabilitation prospects limited, emphasizing specific deterrence, denunciation, and public protection.

A sentence of 10 years imprisonment was imposed, less pre-sentence custody.

The Applicant, M.F., brought an application for a stay of proceedings under section 11(b) of the Charter, alleging unreasonable delay in his criminal trial.

The total delay from the information being sworn to the end of trial was 677 days, exceeding the 18-month presumptive ceiling for provincial court.

The court attributed 124 days of this delay to the defence for failing to raise 11(b) concerns in a timely manner after trial dates were set.

This reduced the net delay to 17.5 months, which falls below the presumptive ceiling.

Consequently, the application was dismissed.

The accused, Jeffrey Phillippo, was found guilty of sexual assault.

The incident involved non-consensual touching of the victim, E.F., while she was asleep, including under her clothing.

The Crown sought a 90-day conditional sentence followed by two years' probation, while the defence argued for a conditional discharge.

The court considered aggravating factors such as the intrusive nature of the touching, the victim's vulnerability, and the significant impact on the victim.

Mitigating factors included the accused's lack of prior record, employment, and voluntary counselling.

The court determined that a conditional discharge would be contrary to the public interest due to the gravity of the offence.

Ultimately, the court imposed a 90-day conditional sentence, to be served entirely on house arrest, followed by 12 months' probation, finding it consistent with the principles of denunciation and specific deterrence.

This is a sentencing decision for Shomari Samuel Clarke-Brown, who was found guilty after trial of five firearm-related offences, including possession of a loaded handgun, and pleaded guilty to failing to comply with a release order.

The court considered aggravating factors such as the loaded and readily accessible nature of the firearm, the reckless discarding of the weapon during arrest, resisting arrest, and flagrant breaches of bail.

Mitigating factors included the offender's youth, lack of prior criminal record, family support, and desire for education.

The court also applied pre-sentence custody credit, including enhanced credit for harsh detention conditions and COVID-19 risks.

The final sentence imposed was a term of imprisonment of 36 months for the firearm offence (less 756 days pre-sentence credit), a concurrent one-year sentence for careless storage, and a consecutive 30-day sentence for the bail breach.

Ancillary orders included a DNA order, a 10-year weapons prohibition, and forfeiture of seized items, with the victim fine surcharge waived for the breach and not applied to the firearm offences.