Ian McCuaig

In a pre-trial motion for a first-degree murder case, the court ruled on the admissibility of the accused's statements to police, ante-mortem statements of the deceased, and character evidence.

The court found the accused's statements were voluntary and not obtained in violation of his Charter rights.

The deceased's statement 'No, it's my brother' was admitted for state of mind but not for its truth.

The court also allowed some evidence of the deceased's prior violent acts to support the accused's self-defence claim, while permitting the Crown to lead balancing evidence of the accused's disposition for violence.

The appellants, the publisher and editor of Your Ward News, appealed their convictions and sentences for wilfully promoting hatred against Jews and women.

They argued the trial judge provided insufficient reasons, misapprehended the evidence, and erred in imposing consecutive six-month sentences.

One appellant also alleged ineffective assistance of counsel at trial.

The Superior Court of Justice dismissed the appeals, finding the trial judge's reasons were sufficient, the verdicts were reasonable based on the overwhelming message of hatred in the publication, trial counsel was competent, and the consecutive maximum sentences were fit given the separate legally protected interests of the two targeted groups.

The applicant, charged with sexual assault, kidnapping, and other offences, sought a bail review after being detained for two years.

The court found that the prolonged pre-trial custody constituted a material change in circumstances, warranting a de novo hearing.

The court concluded that the applicant was releasable on the secondary ground, as the proposed plan of 24/7 house arrest with two sureties was sufficient to mitigate the risk of re-offending.

Furthermore, balancing the tertiary ground factors, including the strength of the Crown's case and the gravity of the offences against the strict release plan and the applicant's lack of a criminal record, the court held that continued detention was not necessary to maintain confidence in the administration of justice.

The applicant was ordered released on strict conditions.