Ewan Lyttle

The defendant, an Ojibway woman and member of the Serpent River First Nation, pleaded guilty to two counts of possession of Schedule I substances (fentanyl and cocaine).

The Crown sought a conviction with a suspended sentence, emphasizing the dangers of fentanyl.

The defence sought a conditional discharge.

The court granted a conditional discharge with 18 months probation, finding that the defendant's circumstances as an Indigenous person with a history of intergenerational trauma, sexual abuse, mental health issues, and addiction warranted a restorative approach rather than punitive measures.

The accused was charged with possession of crack cocaine for the purpose of trafficking, possession of proceeds of crime, and four counts of breaching a recognizance.

At trial, the accused brought a Charter application alleging arbitrary arrest, unreasonable search, and seeking a stay of proceedings based on the cumulative effect of 25 prior police contacts.

The court dismissed the Charter application, finding the prior contacts unrelated and the arrest and search lawful based on reasonable and probable grounds.

The accused was found guilty of possession for the purpose of trafficking and one count of breaching a recognizance (driving while suspended).

He was acquitted of the remaining charges as his testimony raised a reasonable doubt.

Kristopher McLellan and Kyle Mullen were cited for contempt of court after refusing to testify at the second-degree murder trial of Sam Tsega.

Both had previously provided statements to police and, in McLellan's case, testified at his own murder trial, implicating Tsega.

The court found both guilty of contempt.

Considering aggravating factors such as the refusal to testify in a murder trial, the highly probative nature of their evidence, the disruption to the trial, and their criminal records, alongside mitigating factors like no prior contempt, respectful conduct, and the risks associated with being labeled an informant in prison, the court sentenced each to 30 months imprisonment, to be served consecutively to their existing life sentences.

The applicant sought release on bail pending trial on a charge of second degree murder.

The proposed release plan included strict house arrest with parental sureties, significant financial bonds, and real-time GPS monitoring.

The court considered the statutory grounds for pre-trial detention under the Criminal Code and evaluated the apparent strength of the Crown’s case, the seriousness and circumstances of the alleged offence, and the risk of interference with witnesses and the administration of justice.

The court concluded that the Crown’s case appeared reasonably strong and that the alleged conduct involved planning, serious violence, and attempts to influence a witness.

Detention was ordered on the secondary and tertiary grounds to protect the public and maintain confidence in the administration of justice.

The offender was convicted by a jury of manslaughter after fatally stabbing the victim during a drunken altercation in his apartment following a party.

The evidence established that the offender concealed a knife prior to a confrontation and inflicted eight stab wounds during a fight in which the victim was beating him.

The court considered aggravating factors including the use of a concealed knife in a fist fight, multiple stab wounds including a fatal heart wound, initiation of the conflict, flight from the scene, and the offender’s alcohol abuse and lack of insight.

Mitigating factors included the offender’s youth (18 years old), lack of criminal record, severe assault by the victim at the time of the stabbing, remorse, and strong rehabilitative prospects.

Balancing denunciation and deterrence with rehabilitation, the court imposed a penitentiary sentence of six years.

The accused, a Personal Support Worker (PSW) at the Perley-Rideau Hospital, was convicted of common assault contrary to s. 266 of the Criminal Code for bending back three fingers of an elderly 90-year-old patient suffering from advanced Alzheimer's disease.

The assault caused no physical injury.

The Crown sought a custodial sentence of three to four months plus three years probation, emphasizing the breach of trust and need for general deterrence in elder abuse cases.

The defence sought a conditional sentence of two to six months plus probation, highlighting the accused's clean record, positive character references, and mental health struggles.

The court imposed a conditional sentence of 90 days to be served in the community, followed by one year of probation, finding that while a jail sentence was warranted due to the breach of trust, the specific circumstances and the accused's personal background supported a conditional approach that could adequately address denunciation and deterrence.