2 total
Appeal allowed and new trial ordered due to errors regarding third-party suspect evidence and adverse inferences.
The appellant was convicted of importing fentanyl and possession for the purpose of trafficking after a controlled delivery of a package from China.
On appeal, she raised several grounds, including errors in jury instructions on importing, circumstantial evidence, and after-the-fact conduct, as well as the unreasonableness of the verdicts.
The Court of Appeal dismissed these grounds but allowed the appeal based on two errors: the trial judge improperly permitted the Crown to invite an adverse inference against the appellant for testifying after another defence witness, and the trial judge erred in dismissing the appellant's application to adduce evidence of a known third-party suspect.
The convictions were set aside and a new trial was ordered.
Leave to intervene granted to Attorney General and CLA in appeal regarding actus reus of importing.
The Attorney General for Ontario and the Criminal Lawyers' Association of Ontario (CLA) sought leave to intervene in an upcoming appeal concerning the scope of the actus reus of importing contraband.
The Attorney General sought to argue the impact of the definition on provincial prosecutions of importing firearms and child pornography.
The CLA sought to argue that extending the actus reus beyond the immediate entry point disproportionately impacts racialized communities, relying on social context evidence.
The court granted both applications for leave to intervene, finding the proposed arguments and materials relevant and non-controversial.
