2 total
Summary conviction appeal for impaired driving dismissed; trial judge did not misapprehend the evidence.
The appellant appealed his summary conviction for impaired driving, arguing that the trial judge misapprehended the evidence regarding the arresting officer's grounds for arrest and observations of the appellant's driving.
The Superior Court of Justice reviewed the trial judge's assessment of the evidence, including the officer's testimony about tire tracks, the appellant's belligerent behaviour, and information from civilian callers.
The court found that the trial judge did not misapprehend the evidence and properly resolved inconsistencies in the testimony.
The appeal was dismissed.
Motion for change of venue dismissed; traditional jury selection safeguards deemed adequate to ensure fair trial.
The applicant, charged with offences related to his involvement in the Freedom Convoy protest in Ottawa, brought a motion for a change of venue for his trial.
He argued that extensive negative media coverage and the high concentration of federal government employees in Ottawa would prevent him from receiving a fair trial.
The court dismissed the motion, finding that the media coverage was not specifically directed at the applicant and that his concerns about government employees were baseless.
The court concluded that traditional safeguards, such as screening questions and challenges for cause, would be adequate to ensure an impartial jury and address any potential bias from residents directly affected by the protest.
