H. Dudding

The offender, a 32-year-old Black man with no prior criminal record, was found guilty of possessing a loaded handgun in his vehicle.

The firearm was discovered during a vehicle search for cannabis.

The court considered an Enhanced Pre-Sentence Report detailing the offender's background of poverty, systemic racism, and trauma, which mitigated his moral blameworthiness.

Finding that the offender possessed the gun for personal protection rather than criminal enterprise, and emphasizing his rehabilitative potential, the court imposed a conditional sentence of two years less a day followed by 18 months of probation.

The offender was found guilty of sexual assault with a weapon after inserting a vibrator into the unconscious or sleeping victim.

At sentencing, the court considered the constitutionality of s. 742.1(f)(iii) of the Criminal Code, which prohibits conditional sentences for sexual assault.

Following recent precedent, the court declared the provision unconstitutional under ss. 7 and 15 of the Charter.

Weighing the paramount objectives of denunciation and deterrence against the offender's significant rehabilitation and lack of prior record, the court imposed a conditional sentence of two years less a day, followed by one year of probation, and ordered $5,000 in restitution to the victim.

The applicants, alleged members of the 'Five Point Generals' criminal organization, brought a Charter application challenging the validity of Tracking Data Warrants, Transmission Data Recording Warrants, and Part VI wiretap authorizations.

Two applicants argued there were insufficient grounds to link them to specific phone numbers, while the others argued they should not have been named in the Information to Obtain (ITO) as the conditions under s. 185(1)(e) of the Criminal Code were not met.

The court dismissed the applications, finding that the police had reasonable grounds to believe the phone numbers were linked to the applicants and that there was sufficient evidence of association with the criminal organization to justify naming the other applicants in the ITO.

The Crown applied to have the offender designated a dangerous offender following his convictions for multiple serious personal injury offences, including forcible confinement, assault causing bodily harm, assault with a weapon, and sexual assault, all committed against his intimate partner.

The offender had a history of severe domestic violence and had previously refused treatment while incarcerated.

The court found that the offender met the criteria for a dangerous offender designation under s. 753(1)(a)(i) and (ii) of the Criminal Code, as he demonstrated a pattern of repetitive and persistent aggressive behaviour showing a failure to restrain his behaviour and a likelihood of causing severe injury to future intimate partners.

Finding no reasonable expectation that a lesser measure would adequately protect the public, the court imposed an indeterminate sentence.

The accused were charged with first degree murder arising from a shooting in a Toronto parking lot.

Prior to trial, multiple evidentiary motions were argued concerning hearsay statements of the deceased, references to one accused’s prior incarceration, rap videos and video clips allegedly amounting to confessions or demonstrating intent, gang expert evidence, weapons possession evidence, and alleged post‑offence conduct indicating consciousness of guilt.

The court applied principles governing hearsay admissibility, similar fact and bad character evidence, probative value versus prejudicial effect, expert evidence disclosure under s. 657.3 of the Criminal Code, and the law of post‑offence conduct.

Several items of Crown evidence—including rap videos, gang evidence, prior weapons conviction, and alleged consciousness‑of‑guilt conduct—were excluded due to minimal probative value and high prejudicial impact.

Limited evidence such as certain hearsay statements, a contemporaneous “locked and loaded” remark, and testimony that one accused possessed a revolver shortly before the shooting were admitted.