James Peter Voutianitis Silver

The defendant, an animal rights activist, was charged with mischief to property under section 430(1)(c) of the Criminal Code for giving water to pigs in a transport truck stopped at a traffic light in Burlington, Ontario.

The Crown alleged she gave an unknown substance that created a risk the slaughterhouse would refuse the load.

The court found the defendant gave water, not a contaminant, and that her actions did not obstruct, interrupt, or interfere with the lawful use, enjoyment, or operation of property.

The court also found no evidence of willfulness.

The charge was dismissed.

This is a preliminary inquiry decision in which the Crown sought committal on seven counts arising from the theft of lottery tickets at a convenience store and the subsequent fraudulent claim of a $12.5 million lottery prize.

The accused were charged with theft of lottery tickets, possession of stolen property, fraud against the Ontario Lottery and Gaming Corporation, possession of proceeds of crime, and money laundering.

The Crown's case relied heavily on circumstantial evidence derived from lottery transaction records showing a pattern of "split ticket" thefts where free play tickets generated from original tickets were validated at different locations and times.

The defence argued the evidence was speculative and that alternative explanations existed.

The court found sufficient evidence to commit all three accused to trial on all seven counts.

The accused was sentenced after being found guilty of unlawful possession of a loaded restricted firearm contrary to s. 95(1) of the Criminal Code and possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act.

The court found the accused was carrying a loaded handgun, drugs, ammunition, cash, and two cell phones consistent with drug trafficking activity.

Despite being a youthful first offender with no prior record, the court emphasized the serious public safety risks associated with the combination of firearms and drug trafficking.

The court determined that a fit sentence before credit was four years’ imprisonment.

Applying enhanced credit for pre‑sentence custody under s. 719(3.1) of the Criminal Code and additional credit for strict house‑arrest bail conditions, the court imposed a final custodial sentence of 35 months’ imprisonment.

The appellant appealed a conviction for impaired driving, arguing that the trial judge erred by applying the presumption in s. 258(1)(c) of the Criminal Code where the offence date on the Information differed from the date the breath samples were taken.

The appellant also argued that the trial judge applied the wrong legal test when determining whether language difficulties constituted special circumstances requiring an interpreter for purposes of the right to counsel under s. 10(b) of the Charter.

The court held that the discrepancy in dates could be corrected by amending the Information under s. 683(1)(g) of the Criminal Code and that the appellant was neither misled nor prejudiced.

The court further found that the appellant sufficiently understood his right to counsel and that the evidence supported the trial judge’s finding of impairment beyond a reasonable doubt.