Ellen Williams

The applicant sought certiorari to quash his committal for trial on charges of fraud, possession of proceeds of crime, and money laundering.

He argued that the court lacked territorial jurisdiction over the transnational fraud and that there was insufficient evidence of the actus reus and mens rea of the offences.

The court dismissed the application, finding a real and substantial link to Canada because the fraudulent scheme used Ontario corporations and bank accounts to receive the proceeds.

The court also found sufficient evidence upon which a properly instructed jury could infer the occurrence of fraud, the applicant's knowledge or willful blindness, and his intent to convert or conceal the proceeds.

The appellant pleaded guilty to several offences, including assault and assault with a weapon against his pregnant wife, and received a suspended sentence.

Facing certain deportation, he applied to extend the time to appeal his convictions and sentence, arguing his pleas were procedurally flawed and uninformed regarding immigration consequences, and alternatively sought a conditional discharge.

The Superior Court of Justice dismissed the appeal, finding the procedural irregularity caused no prejudice, the appellant was fully informed of the immigration consequences before pleading guilty, and a conditional discharge would be contrary to the public interest given the serious domestic violence involved.

The applicant, a commercial truck driver, was referred to a secondary examination at a border crossing due to a CBSA 'drug lookout'.

During the examination, border officers discovered methamphetamine and cash in his truck.

The applicant brought a motion alleging violations of his Charter rights under ss. 7, 8, 9, 10(a), and 10(b), arguing that the lookout made him a specific target of a criminal investigation, thereby triggering his Charter rights upon arrival.

The court dismissed the application, finding that the questioning and search were routine border procedures authorized by the Customs Act, and the applicant was not detained for Charter purposes until the drugs were actually discovered.