D. Lerner

Following his conviction for child luring, the applicant brought an entrapment application seeking a stay of proceedings.

The conviction arose from a police sting operation targeting individuals seeking juvenile prostitutes on an online classifieds website.

The court found that the police had a reasonable suspicion to investigate the virtual space and that the undercover officer introduced the poster's underage status early in the conversation, distinguishing the case from others where entrapment was found.

The application was dismissed.

The applicants, who were charged with criminal offences and elected trial by jury before the Bill C-75 amendments came into force, brought pre-trial applications seeking a ruling that the amendments eliminating peremptory challenges did not apply retrospectively to them.

The court applied the framework from Dineley and concluded that the elimination of peremptory challenges affects the substantive right to a trial by jury under s. 11(f) of the Charter.

As a result, the court held that the amendments operate only prospectively, and the applicants were entitled to exercise peremptory challenges at their upcoming trials.

The appellant appealed his summary convictions for having care or control of a motor vehicle with a blood alcohol level over 80mg and operating a vehicle as a novice driver with a blood alcohol level greater than zero.

He argued the trial judge erred in finding a realistic risk that he would drive the vehicle after filling it with gas, and misapprehended evidence regarding his level of intoxication.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the trial judge's factual conclusion that the appellant posed a realistic risk of driving the vehicle.