G. Clark

The offender pleaded guilty to manslaughter after encouraging her co-accused to attack the victim, who subsequently died from a stab wound.

The court found the offender's active role in instigating the confrontation and her failure to render assistance to be significant aggravating factors.

After weighing the mitigating factors, including her guilty plea and lack of a significant criminal record, the court imposed a sentence of 7.5 years imprisonment, less enhanced credit for pre-sentence custody, leaving approximately 38 months to serve.

The accused was charged with multiple firearms and drug trafficking offences following the execution of a search warrant at a basement apartment.

The police found the accused attempting to escape through a bedroom window, outside of which they located a jacket containing a loaded handgun.

Inside the bedroom, police found fentanyl, cocaine, cash, digital scales, and cell phones.

The court found the circumstantial evidence, including text messages, photos, and the accused's exclusive occupation of the bedroom, proved beyond a reasonable doubt that the accused was in possession of the loaded handgun and possessed the drugs for the purpose of trafficking.

The accused was convicted on all counts.

The offender, an Indigenous man, was convicted of sexual assault, forcible confinement, assault, and threatening his former intimate partner, an Indigenous woman.

The Crown sought a global sentence of five years, while the defence sought two years.

The court weighed the aggravating factors, including the victim's vulnerability and the impact of the offences, against significant mitigating factors, particularly the offender's Indigenous background (Gladue factors), onerous bail conditions, and strong potential for rehabilitation.

The court sentenced the offender to a global term of two years' imprisonment, along with ancillary orders.

The accused was charged with trafficking fentanyl, criminal negligence causing death, and manslaughter following the overdose death of an acquaintance.

In pretrial motions, the Crown sought to admit two police statements, while the defence sought to exclude the statements and text messages found on the deceased's cell phone.

The court found the statements were voluntary and not obtained in breach of s. 10 of the Charter.

However, the court ruled that the warrantless search of the deceased's cell phone at the scene violated the accused's s. 8 Charter rights.

The court excised the text messages from the search warrant information, found the remaining grounds insufficient, and excluded the text message evidence under s. 24(2) of the Charter.

The offender pleaded guilty to two counts of attempted murder, aggravated assault, and attempt to obstruct justice after breaking into a home and repeatedly stabbing three victims who had implicated his brother in a previous crime.

The Crown sought 6 to 8 years imprisonment, while the defence sought 3 to 5 years, citing the offender's Aboriginal background and Gladue principles.

The court emphasized the devastating impact on the victims and the need for public protection, sentencing the offender to 8 years imprisonment less enhanced credit for pre-sentence custody.

The accused was charged with drug trafficking after a police officer found cocaine in his rental vehicle following a traffic stop.

The accused brought a Charter application to exclude the evidence, alleging breaches of his rights under sections 8 and 9.

The court found that the initial traffic stop was a pretext for a criminal investigation and not a valid stop under the Highway Traffic Act, resulting in an arbitrary detention.

The court also found that the officer's demands for the rental agreement and questions about the accused's travel itinerary constituted unreasonable searches and seizures.

Furthermore, the officer lacked reasonable and probable grounds to arrest the accused.

Applying the Grant framework, the court concluded that the multiple serious Charter breaches warranted the exclusion of the drugs under section 24(2).