Elijah White

The defendant was charged with possession of fentanyl for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act and possession of proceeds of property obtained from an indictable offence contrary to s. 355(b) of the Criminal Code.

Following a trial without jury, the defendant was found not guilty of the charges but guilty of the lesser included offence of simple possession of a Schedule 1 substance contrary to s. 4(1) of the CDSA.

At sentencing, the Crown sought time served plus 18 months probation, while the defence sought a suspended sentence plus 12 months probation.

The court imposed a suspended sentence with 18 months probation, emphasizing rehabilitation as the primary sentencing objective given the defendant's long-standing opioid addiction and lack of prior custodial sentences.

The court acquitted Richard Ray Smith of possession of fentanyl for the purpose of trafficking and possession of proceeds of crime, but convicted him of the lesser included offence of possession of a Schedule 1 substance.

The decision turned on the credibility and reliability of the evidence, the circumstantial nature of the Crown’s case, and the application of the W.(D.) analysis.

The court found that while the amount of fentanyl was consistent with trafficking, it was also consistent with personal use for a heavy user, and the packaging, cash, and other items did not support an inference of trafficking beyond a reasonable doubt.

Joseph Kalina pleaded guilty to possession of child pornography involving a large collection of images and videos depicting young girls under ten years old being sexually exploited.

The court considered the serious aggravating factors including the volume and depravity of the material, and the offender's limited appreciation of the harm caused.

Mitigating factors included Kalina's age (81), guilty plea, remorse (though diminished by minimization), and health concerns.

The court imposed a custodial sentence of 2.5 years, reduced from the Crown's 3-year recommendation due to age and health, and denied a conditional sentence.

Ancillary orders including DNA, SOIRA, and s.161 orders were imposed for 20 years.

The appellant appealed his robbery convictions, arguing the trial judge erred in dismissing his application to adduce unknown third-party suspect evidence regarding a subsequent attempted carjacking.

The Court of Appeal found that even if the trial judge erred by referring to certain witness testimony, her core reasoning applying the Grant framework was sound.

The trial judge correctly concluded the two incidents were not sufficiently similar to suggest the same individuals committed both offences.

The appeal was dismissed.

Sanujan Thanabalasingam was found guilty after trial of impaired driving (80 or over) and driving while prohibited, both committed on May 15, 2020.

This was his second 80 or over offence, triggering a mandatory minimum 30-day imprisonment.

The Crown sought 60 days straight custody, while the defence requested 45 days intermittent.

The court considered aggravating factors (prior conviction, driving while prohibited, G2 license zero BAC, passenger injury, car damage) and mitigating factors (youthful age, stable employment, supportive family, acceptance of responsibility post-trial).

The judge ordered a 60-day intermittent sentence, 12 months probation, 120 hours community service, alcohol counselling, and a 30-month driving prohibition, emphasizing restraint and rehabilitation while upholding denunciation and deterrence.

The decision also addressed the "appropriate accommodation" requirement for intermittent sentences in light of temporary absence programs.