Janelle Belton

The accused was found guilty of human trafficking-related offences following a judge-alone trial.

Prior to sentencing, the accused brought an application for a mistrial and for the trial judge to recuse himself, arguing that the judge's decision to amend count 7 of the indictment created a reasonable apprehension of bias.

The judge had amended the charge from 'distributing' to 'transmitting' an intimate image without consent, as the evidence showed the image was sent to only one person (the complainant's mother).

The court dismissed the application, finding that the amendment was legally permissible under s. 601 of the Criminal Code, caused no prejudice to the accused, and would not lead a reasonable and right-minded person to apprehend bias.

The accused was tried on multiple charges including human trafficking, receiving material benefits, advertising sexual services, transmitting child pornography, and distributing intimate images relating to two young female complainants.

The court found that the accused exercised control over the movements of a 15-year-old complainant for the purpose of exploiting her in the sex trade, and that he received the financial benefits of her services.

The accused was found guilty of the human trafficking, child pornography, and intimate image offences, but was acquitted of assault causing bodily harm and breaching a release order.

The accused pleaded guilty to manslaughter after her 15-month-old son drowned when she left him unattended in a bathtub for five to ten minutes.

The Crown sought four years' imprisonment, while the defence sought a conditional sentence.

The court considered the accused's tragic upbringing, systemic racism, and lack of prior record as mitigating factors, but found the vulnerability of the child and the breach of trust required a denunciatory sentence.

The accused was sentenced to three years' imprisonment and ordered to provide a DNA sample.