D. Gunn

The accused, Allan Yerxa, was charged with manslaughter for the stabbing death of George Tait.

The Crown's case relied primarily on the accused's out-of-court statements, including text messages and a police interview where he confessed to stabbing the victim twice.

The defence argued that the confession was unreliable due to inconsistencies (victim suffered seven stab wounds, not two), lack of independent corroborating evidence (no eyewitness, video, cell phone, or forensic evidence placing the accused at the scene), and the accused's vulnerability during the interview.

The defence also raised self-defence as an alternative.

The court found that the Crown failed to prove the truthfulness of the inculpatory portion of the accused's confession beyond a reasonable doubt, citing the significant inconsistencies and the complete absence of independent corroborating evidence.

The court also noted the presence of other individuals with a propensity for violence who were in the vicinity at the time of the stabbing.

Consequently, the accused was found not guilty.

In the alternative, the court also found that if the confession were accepted as truthful, the accused's actions could be considered self-defence given the victim's size, intoxication, and initial aggression.

The accused, an Indigenous man with a significant criminal record including a prior manslaughter conviction, pleaded guilty to manslaughter for the beating death of the victim.

The court considered the brutal nature of the assault, the use of weapons, and the accused's callous disregard for the victim's life as aggravating factors.

Applying Gladue principles, the court acknowledged the accused's traumatic background but emphasized the need for denunciation, deterrence, and public protection.

The accused was sentenced to 16 years' imprisonment, reduced to approximately 12 years after credit for pre-sentence custody.

The accused, Jason Davidson, was charged with sexual assault.

The complainant, A.K., who has mental and physical challenges, alleged that Davidson committed anal intercourse without her consent.

The court considered the complainant's testimony, which included prior consensual sexual interactions with the accused, and her admission that she performed the act "to please him." Despite finding that the sexual touching occurred, the court found a reasonable doubt regarding the absence of consent, particularly due to inconsistencies in the complainant's statements, her withholding of information from police, and her actions immediately following the alleged assault.

Davidson was acquitted.

Katelyn Skead, 26, pleaded guilty to manslaughter for the fatal stabbing of an 80-year-old elder, James Redsky, during a home invasion and attempted car theft while intoxicated.

The court considered a joint submission for a 13-year sentence, with credit for time served.

The sentencing judge applied Gladue principles, acknowledging the offender's horrific childhood, substance abuse issues, and the legacy of colonialism affecting her First Nation community, while also weighing the aggravating factors of the violent nature of the crime and its impact on the victim's family and community.

The joint submission was accepted, resulting in a 13-year sentence less 3 years credit for pre-sentence custody, along with a DNA order and a lifetime weapons prohibition with an exception for constitutional/treaty hunting and fishing rights.

The defendant, a pharmacist, pleaded guilty to making a false or misleading statement under the Controlled Drugs and Substances Act after dispensing morphine to an undercover officer without a prescription.

The Crown sought a suspended sentence, while the defence sought a discharge.

The court found that the defendant's actions were motivated by a misguided desire to help someone he perceived to be in withdrawal, rather than for financial gain.

Considering the defendant's good character, lack of criminal record, and the potential professional repercussions of a conviction, the court granted an absolute discharge.

The accused pleaded guilty to the kidnapping and sexual assault of two young children in Big Trout Lake, Ontario.

The offences occurred on September 26, 2012, when the accused, in a state of emotional distress following a relationship breakdown, lured four children to his trailer, locked one in the bathroom, and sexually assaulted two young girls both digitally and with his penis, causing significant physical and emotional harm.

The accused was sentenced to six years imprisonment for kidnapping with three years consecutive for sexual assault and three years concurrent for sexual touching, with a lifetime SOIRA order, DNA order, and lifetime weapons prohibition.