Jason Lindsey Clouston

The parents (P.N.R. and K.R.) appealed a summary judgment finding that their children were in need of protection due to physical harm, as determined by a motions judge.

The appeal raised issues regarding fresh evidence, the legal test for physical harm, the application of summary judgment rules, and procedural fairness.

The court dismissed the appeal, affirming the original finding that the children had suffered physical harm.

It found no error in the motions judge's application of the law, including the standard for physical harm and the use of summary judgment powers to weigh evidence and assess credibility.

The court also rejected claims of procedural unfairness and ineffective counsel.

Antonio Manzo was charged with four firearms-related counts stemming from an incident on May 6, 2020, where a Toyota Tundra was shot multiple times.

The Crown's case relied on circumstantial evidence, including civilian observations of the accused's vehicle near the scene, the subsequent discovery of a firearm (Ruger rifle) in his possession, and forensic evidence linking a spent shell casing from the scene to the Ruger.

The court found all Crown witnesses credible and concluded that the only reasonable inference from the evidence was that the accused fired the Ruger at the Tundra, causing the damage.

Manzo was found guilty on all counts.

This sentencing decision concerns H.T., an Anishnaabe-ikwe, found guilty of three counts of simple assault and one count of mischief under $5000, arising from an intimate partner relationship.

The court considered extensive Gladue factors, including intergenerational trauma from residential schools, child welfare system involvement, sexual exploitation, and substance abuse, which significantly diminished her moral culpability.

Despite the Crown seeking incarceration, the court granted conditional discharges with probation, emphasizing H.T.'s significant rehabilitative efforts, sobriety, and commitment to parenting.

The decision highlights the importance of rehabilitation and restraint in sentencing Aboriginal offenders, particularly when systemic factors have contributed to their circumstances.