H. Borenstein

The accused pushed a stranger onto subway tracks while experiencing a substance-induced psychotic episode.

The court ordered an assessment to determine if the accused was not criminally responsible (NCR) under s. 16 of the Criminal Code.

The psychiatric evidence indicated the accused suffered from schizophrenia and a polysubstance abuse disorder, making him more vulnerable to drug-induced psychosis.

The court applied a holistic approach, finding the psychosis was not exclusively caused by drug use but was intertwined with his underlying mental disorder, presenting a continuing danger.

The accused was found NCR and referred to the Ontario Review Board.

The accused was found guilty of possession of a restricted firearm, possession of a weapon for a purpose dangerous, and being an occupant in a motor vehicle knowing there was a prohibited firearm, following a shootout where he was severely injured.

The Crown sought a further 18 months in custody, while the defence sought a conditional sentence due to the accused's severe injuries, lack of criminal record, and strict compliance with bail conditions for 34 months.

The court emphasized the need for denunciation and deterrence but found that the accused's unique circumstances, including his traumatic background and life-altering injuries, warranted a non-custodial sentence.

The accused was sentenced to a conditional sentence of two years less a day, followed by three years of probation.

The Crown brought an application to adduce out-of-court statements from a complainant who refused to testify in a trial for assault causing bodily harm and forcible confinement.

The statements included cries for help heard by responding officers and a video-recorded statement given to police.

The court admitted the cries for help as circumstantial evidence and under the spontaneous utterance exception to hearsay.

Applying the framework from Bradshaw, the court also admitted the video-recorded statement under the principled exception to hearsay, finding that corroborative evidence—including the complainant's visible injuries, the accused's DNA, and the locked room—established substantive threshold reliability.

The accused, charged with impaired driving and driving over 80, applied for a stay of proceedings alleging unreasonable delay under section 11(b) of the Charter.

The court analyzed the timeline from the swearing of the information to the trial dates, noting delays caused by the defence's change of counsel and refusal to proceed with a conditionally accredited interpreter.

The court found the institutional delay was approximately five and a half months, well within acceptable guidelines, and that the accused suffered no significant prejudice.

The application for a stay was dismissed.

The accused was charged with assaulting his girlfriend with a broomstick and breaching a recognizance.

Police responded to a 911 call and found the victim hiding in a washroom with a piece of wood embedded in her hand.

Both the accused and the victim testified that an unknown stranger committed the attack in the hallway.

The court rejected their evidence as absurd and internally inconsistent, finding the accused guilty of the assault charges based on circumstantial evidence, but acquitted him of the breach charge.

The accused was sentenced to 12 months in jail (reduced by 4 months for pre-trial custody) and three years of probation.

The accused was charged with accessing and possessing child pornography.

During the execution of a search warrant at his home, police arbitrarily detained him and questioned him in flagrant violation of his right to counsel, obtaining his computer password.

The accused brought a Charter application to quash the warrant and exclude the evidence.

The court found the search warrant was validly issued but held that the manner of its execution violated sections 8, 9, and 10(b) of the Charter.

Applying the Grant framework, the court excluded the accused's statements and the computer evidence under section 24(2) due to the serious and wilful police misconduct.