Tricia Miller

The applicant was charged with aggravated assault, possession of a loaded restricted firearm, possession of a restricted firearm without a licence, possession of a firearm while prohibited, possession of a prohibited device, and possession of cocaine and crack cocaine for the purposes of trafficking.

The applicant brought a Charter application alleging that correctional officers at Toronto South Detention Centre breached his rights under sections 7 and 8 of the Charter by subjecting him to degrading strip search and forced toilet procedures.

The court found Charter breaches but declined to grant a stay of proceedings, finding alternative remedies adequate.

On the trial proper, the applicant was found guilty of all charges, including aggravated assault, based on DNA evidence linking his knife to the victim's blood and circumstantial evidence establishing his presence and motive.

The accused were charged with firearms offences after police found two loaded handguns in satchels in the back seat of a rented vehicle they were occupying.

The Crown relied on circumstantial evidence and DNA profiles linking the accused to the firearms.

The court acquitted one accused entirely, finding reasonable doubt regarding his knowledge and control of the firearms.

The other accused was acquitted of charges relating to one firearm due to the possibility of indirect DNA transfer, but convicted of possession of the second firearm.

The court also held that the second firearm, which was inoperable but easily repairable, met the definition of a firearm for simple possession but not for possession in a motor vehicle or possession of a loaded firearm.

The applicant, N.R., sought to set aside a guilty verdict for sexual assault and incest, requesting a mistrial due to alleged ineffective assistance of trial counsel, or alternatively, to reopen the trial to admit fresh DNA evidence.

The court dismissed both applications.

The claim of ineffective assistance was rejected as the court found N.R. failed to prove his counsel prevented him from testifying, accepting counsel's evidence that the decision was N.R.'s.

The fresh evidence application was dismissed because the new DNA reports lacked credibility, were inadmissible, and would not have affected the trial outcome, as the conviction was primarily based on the complainant's testimony.

This is a preliminary inquiry decision determining whether the accused should be committed to stand trial on first-degree murder or second-degree murder charges.

The Crown alleged that the accused planned and deliberately murdered the victim by shooting him in the head.

The Crown's primary evidence was surveillance video showing the accused entering the victim's apartment with a gun pointed at the victim's back.

The defence conceded sufficient evidence existed for second-degree murder but contested first-degree murder.

The court found that while the surveillance video evidence of the gun was significant, when considered in the context of all evidence—including the accused allowing the victim to leave the apartment briefly, the absence of evidence of animus between the parties, and the lack of evidence of a struggle—the evidence did not support a reasonable inference of planning and deliberation required for first-degree murder.

The court discharged the accused on first-degree murder but committed him to stand trial on second-degree murder.