Jane Rodger

The accused was charged with driving with excess blood alcohol on February 12, 2016, with the charge laid on February 24, 2016.

The trial was completed on September 19, 2017, approximately 19 months later.

The accused brought a section 11(b) Charter application seeking a judicial stay of proceedings, alleging a breach of the right to be tried within a reasonable time.

The court applied the framework established in R. v. Jordan and R. v. Williamson, calculating net delay after deducting defence delay and waivers.

The net delay of 419 days (14 months) fell below the 18-month presumptive ceiling for provincial court cases.

The court found that the defence did not engage in a sustained effort to expedite proceedings and that the case did not take markedly longer than it reasonably should have under the pre-Jordan legal framework applicable to transitional cases.

The application was dismissed, and a finding of guilt was registered on the charge.

The defendant was charged with impaired driving following a roadside stop.

He challenged his detention on Charter grounds, alleging violations of his section 9 rights (freedom from arbitrary detention) and section 12 rights (freedom from cruel and unusual treatment).

The defendant was held in a cold basement cell for three hours while inadequately clothed, with a blanket provided only in the final 45 minutes.

The court found no breach of either Charter right, holding that the police followed appropriate prisoner care policies and released the defendant as soon as practicable.

The court rejected the defendant's application for a stay of proceedings.

The accused were tried on historical sexual offence allegations involving a child family member and alleged participation by one accused in some incidents.

The case turned primarily on credibility and reliability, with the court applying the reasonable doubt framework and the principles in W. (D.) to conflicting testimony.

The court found aspects of the complainant's evidence exaggerated or inconsistent on material points, found one accused not fully truthful on some matters, and concluded that the evidentiary record as a whole left uncertainty about what evidence was true.

Because the Crown had not displaced reasonable doubt, both accused were acquitted.

The accused, a 53-year-old member of the Couchiching First Nation, pleaded guilty to mischief, possession of a weapon for a purpose dangerous to the public peace, breach of undertaking by possessing a weapon, and assault.

The offences arose from two incidents: first, damage to a kitchen countertop and threats with a baseball bat during a confrontation with his common-law partner; second, a barricaded situation involving a loaded shotgun during a suicidal crisis.

The court imposed a restorative sentence emphasizing Gladue principles, recognizing the intergenerational trauma stemming from residential schools and the unique circumstances of Aboriginal offenders.

The accused was charged with dangerous operation of a motor vehicle causing death.

The victim, a 13-year-old girl, was struck and killed by the accused's vehicle while crossing Airport Road in Caledon, Ontario.

The Crown alleged the accused was speeding; the defence argued the victim's unexpected entry into traffic made the collision inevitable and that the accused's speed did not constitute dangerous driving.

The court found the accused was travelling at 152 KPH in a 50 KPH zone near a residential area and village entrance on a day when pedestrian traffic was reasonably foreseeable.

The court convicted the accused of dangerous driving causing death, finding both actus reus and mens rea established, and that causation was proven despite the victim's unexpected action.

The defendant pleaded guilty to possession of child pornography following a major police investigation into international child pornography distribution.

The defendant's collection comprised over 100,000 photographs and 1,900 movies of child pornography across multiple devices.

The court imposed a sentence of 15 months in custody, with a strong recommendation for placement at the Ontario Correctional Institute in Brampton to facilitate continued treatment.

The defendant was placed on probation for three years with extensive conditions, including restrictions on internet and electronic device access, prohibition from seeking employment involving children, DNA registration, and firearm prohibition.

The defendant was sentenced for fraud over $5,000 committed against his employer over a three-year period.

The defendant, who was in charge of purchasing supplies, used company money to purchase compressor oil from a non-arm's length company, creating fraudulent invoices for non-existent supplies.

The defendant had paid $60,000 in full restitution and entered a guilty plea.

Despite initial joint submission for an 18-month conditional sentence, the Crown expressed concerns after reviewing the Pre-Sentence Report, particularly regarding the defendant's failure to disclose the conviction to his current employer and his lack of genuine remorse.

The court imposed an 18-month conditional sentence with strict conditions including electronic supervision for the first nine months, house arrest, and subsequent probation with restrictions on handling money.