Fuerst

The accused pleaded guilty to possession for the purpose of trafficking cocaine, fentanyl, and heroin, and possession of a weapon.

The court accepted a joint submission for a sentence of three years and nine months, less pre-sentence custody credit.

The court considered the accused's Aboriginal background, traumatic childhood, and substance abuse issues, as well as the aggravating nature of the highly addictive drugs involved.

At the accused's request, the remaining sentence was structured as two years to allow him to serve it in a federal penitentiary where he could access programming.

The accused, charged with drug trafficking offences, brought a Charter s. 8 application alleging that police officers staged a break-in at his residence and made an anonymous call to trigger a warrantless entry, leading to the discovery of drugs and cash.

The defence relied on voice identification evidence to argue that the lead investigator made the anonymous call.

The court evaluated expert voice comparison evidence, the status of the ongoing police investigation, and the officers' whereabouts.

The court concluded on a balance of probabilities that the police did not stage the break-in or make the anonymous call, and that the warrantless entry by responding officers was justified.

The application was dismissed.

The accused, a 22-year-old Indigenous first offender, pleaded guilty to assault causing bodily harm against a young Indigenous woman while both were highly intoxicated.

The Crown sought a six-month custodial sentence, while the defence sought a suspended sentence.

Applying Gladue principles and considering the accused's significant rehabilitative efforts, community support, and the systemic factors outlined in his Gladue report, the court concluded that a custodial sentence was not necessary.

The court imposed a suspended sentence with three years of probation.

The offender pleaded guilty to second degree murder after choking the 62-year-old victim and slashing her throat in her home.

The victim had befriended the offender and loaned him money to support his drug addiction.

The Crown and defence jointly submitted a parole ineligibility period of 17 to 20 years.

The court weighed the brutal nature of the killing, the gross breach of trust, and the offender's callous post-offence conduct against his guilty plea and lack of prior violent record.

The court sentenced the offender to life imprisonment with no eligibility for parole for 18 years.

The offender pleaded guilty to the second-degree murder and dismemberment of his business partner following a dispute over a $1.3 million debt.

The Crown and defence jointly submitted a sentence of life imprisonment with no parole eligibility for 14 years for the murder, and 5 years concurrent for the indignity to a human body.

The court accepted the joint submission, noting the horrific nature of the crime, the offender's lack of a prior record, and his guilty plea.

The accused, an inmate at a correctional centre, pleaded guilty to aggravated assault after viciously attacking his cellmate while intoxicated on 'home brew'.

The victim suffered significant injuries including facial fractures.

The court weighed the multiplicity of aggravating factors, including the accused's prior record and the vulnerability of the confined victim, against the mitigating factor of the guilty plea.

Applying the principle of totality, the court imposed a sentence of 4 years consecutive to the sentence the accused was already serving, less 18 months credit for pre-sentence custody, resulting in a net sentence of 2.5 years consecutive.

The applicant pleaded guilty to robbery and firearm offences and awaited sentencing.

He brought a constitutional challenge against the bail misconduct exclusion in s. 719(3.1) of the Criminal Code, which restricts pre-sentence custody credit to a 1:1 ratio for offenders whose bail was cancelled due to misconduct.

The applicant argued the provision violated s. 7 of the Charter.

The court found that the provision engages the liberty interest and is overbroad, as it captures individuals whose misconduct does not render them a threat to public safety.

The Crown conceded the infringement could not be saved under s. 1.

The court declared the bail misconduct prong of s. 719(3.1) of no force and effect.

The accused pleaded guilty to manslaughter, interfering with a dead body, and possession of child pornography.

The manslaughter and interference charges stemmed from a 1978 cold case where the accused shot an intruder in his home and, with his father's help, disposed of the body.

The accused confessed to the police in 2012.

The court weighed the aggravating factors, including the use of a firearm and the 34-year concealment, against mitigating factors such as the accused's confession and guilty plea.

The court imposed a global sentence of 8.5 years, reduced to 27 months after crediting pre-sentence custody.

The accused, charged with second degree murder following a vehicular confrontation with a pedestrian, applied for release on bail pending trial.

The Crown conceded that the accused met his onus on the primary, secondary, and tertiary grounds for detention.

The court granted the application and ordered the accused's release on a $200,000 recognizance with strict conditions, including house arrest and supervision by named sureties, to maintain public confidence in the administration of justice.

The offender pleaded guilty to two counts of robbery of gas stations and one count of breach of undertaking.

During both robberies, the offender disguised herself and pretended to have a firearm.

The court considered the offender's aboriginal background, drug addiction, and mental health issues, as well as the aggravating factors of committing the offences while on probation and release.

The court imposed a global sentence of 30 months in custody, less pre-sentence custody credit.

The offender pleaded guilty to four counts of impaired driving causing death and two counts of impaired driving causing bodily harm after running a stop sign at excessive speed with a blood alcohol concentration nearly three times the legal limit.

The collision killed three young children and their grandfather, and injured two other family members.

The court weighed the offender's early guilty plea, lack of criminal record, and good character against the extreme gravity of the offence and high moral blameworthiness.

Emphasizing denunciation and general deterrence, the court imposed a total sentence of 10 years' imprisonment and a 12-year driving prohibition.

The Crown sought to admit a videotaped police statement made by the accused following a high-risk arrest for murder and attempted murder.

The defence argued the statement was involuntary due to oppressive circumstances, including the manner of arrest, relentless questioning, and the accused's physical illness.

The court applied the common law confessions rule and found the statement voluntary for the first three hours and twenty-three minutes, as the accused was able to make a meaningful choice to speak or remain silent.

However, the court found a reasonable doubt as to voluntariness for the remainder of the interview, as the accused became visibly ill and unable to continue.

The statement was ruled partially admissible.