George Grant

The accused was charged with possession of fentanyl for the purpose of trafficking after police executed search warrants at a residence and on her vehicle, finding significant quantities of fentanyl, cocaine, and cash.

The Crown's case relied on circumstantial evidence to prove constructive possession.

The court found that while there was a high suspicion of the accused's involvement in the trafficking operation, the Crown failed to prove beyond a reasonable doubt that she had knowledge and control of the drugs, as other individuals had access to the residence and vehicle.

The accused was found not guilty.

The applicants, charged with manslaughter and second-degree murder, brought a pre-trial application to determine whether the amendments in Bill C-75 eliminating peremptory challenges (repeal of s. 634 of the Criminal Code) have retrospective effect.

The court held that the availability of peremptory challenges is a procedural matter, not a substantive right.

Therefore, the repeal applies retrospectively to all matters before the court as of the coming into force date, September 19, 2019.

The accused was charged with three offences arising from an altercation in a laneway: uttering a threat to cause bodily harm, assault, and carrying a weapon (knife) for a purpose dangerous to the public peace.

The Crown's case relied on eyewitness identification evidence from two civilian witnesses who had a face-to-face confrontation with the accused and another woman.

The court examined the reliability of eyewitness identification evidence, considering the quality of observation, lighting conditions, and the identification procedures employed.

The court found that despite some inconsistencies in the witnesses' accounts and the absence of formal identification procedures, the evidence established beyond a reasonable doubt that the accused was the individual who assaulted and threatened the complainant.

The court also amended the information to reflect that the accused possessed a beer bottle rather than a knife for a purpose dangerous to the public peace, based on the trial evidence.

A young Aboriginal offender, age 18 at sentencing (17 at the time of offences), was convicted of two counts of discharging a firearm with intent to endanger life and possessing a firearm without a licence.

The offender fired two shots at police officers during an armed confrontation, resulting in the offender being shot four times by police.

The offender sustained severe injuries including loss of sight in one eye, brain injury, and permanent nerve damage.

The court imposed a 24-month probation sentence with strict conditions rather than custody, applying Gladue principles and considering the offender's Aboriginal heritage, background of intergenerational trauma from residential schools, history of bullying, and significant physical and psychological injuries sustained as a result of the incident.