Doug Kasko

J.G., a young person with significant cognitive disabilities, sought an extension of time to appeal a 2005 finding of not criminally responsible on account of mental disorder (NCR).

The court granted the application, finding that J.G. had a bona fide intention to appeal, a reasonable explanation for the 13-year delay (lack of understanding of NCR consequences and appeal rights due to cognitive limitations), and a meritorious proposed appeal (the NCR verdict was potentially unreasonable given the evidence of impulse control issues rather than an inability to appreciate the physical consequences of his actions).

The court emphasized that the interests of justice strongly favoured granting the extension due to the profound and indefinite deprivation of liberty resulting from the NCR finding for relatively minor offences.

A young person was tried on three counts: sexual assault and two counts of breaching probation conditions.

The complainant, a 17-year-old female, testified that she was sexually assaulted by the accused after consuming a significant quantity of alcohol at a party.

The accused was one of only two males present when the alleged assault occurred.

The trial judge found the complainant credible and her evidence reliable despite her extreme intoxication and poor lighting conditions in the bedroom.

The complainant's immediate disclosure to her boyfriend and her consistent account throughout the investigation and trial were found to be corroborating factors.

The accused was found guilty on all counts.

Lucas John Ridgeway pleaded guilty to seven offences, including aggravated assault and assault with a weapon, arising from incidents of domestic violence between 2009 and 2012.

The Crown sought a dangerous offender designation and an indeterminate sentence, while the defence conceded dangerous offender status but argued for a fixed sentence followed by a long-term supervision order.

The court found Ridgeway to be a dangerous offender, citing a pattern of escalating violence and persistent aggressive behaviour towards his domestic partners.

Applying the three-part test from R. v. McCallum, the court determined that there was no reasonable expectation that a lesser measure would adequately protect the public, particularly given the unavailability of recommended therapy (DBT) in federal facilities and Ridgeway's history of re-offending immediately upon release.

An indeterminate sentence was imposed, along with ancillary orders including a DNA order and lifetime prohibitions on firearms and victim contact.