Jason Randall Barrs

The appellant appealed a decision of the Alcohol and Gaming Commission of Ontario revoking its liquor licence.

The Divisional Court admitted fresh evidence regarding noise issues that had the potential to fundamentally alter the Board's conclusion on the public interest.

Consequently, the Court set aside the Board's order and remitted the matter to a differently constituted Board for a new hearing, with interim conditions imposed on the appellant's operations.

The appellant appealed his convictions for production of marijuana, possession for the purpose of trafficking, mischief, and theft of electricity, as well as his 90-day intermittent sentence.

He argued the trial judge erred in finding he had control over the prohibited substance.

The Court of Appeal dismissed the conviction appeal, finding it was open to the trial judge to infer control given the obviousness of the grow operation and the appellant's 37-minute stay in the residence.

The sentence appeal was also dismissed, as the sentence was not demonstrably unfit given the size and sophistication of the operation.

The appellant appealed his convictions for trafficking, possession of proceeds of crime, and possession of a prohibited weapon.

During deliberations, the jury requested a playback of a specific portion of the appellant's testimony.

The trial judge refused the request, expressing confusion and instructing the jury to continue discussing.

The Court of Appeal held that the trial judge erred by failing to respond directly to the jury's question and denying them a review of evidence central to the appellant's credibility.

The convictions for the cocaine offences were set aside and a new trial was ordered.

The requesting state appealed an order discharging fugitives at an extradition hearing on heroin conspiracy charges.

The Court of Appeal held that the extradition judge misapplied s. 18(1)(b) of the Extradition Act by focusing on proof of the foreign offences and territorial situs rather than asking whether the conduct underlying the foreign charges, wherever it occurred, would if committed in Canada establish a prima facie case of any Canadian extradition offence.

Applying the proper conduct-based double criminality analysis, the court found sufficient evidence of conspiracy to traffic in heroin and trafficking in heroin to justify committal.

The fugitives' separate application alleging a 25-month appellate delay under s. 7 of the Charter was dismissed because they took no steps to expedite the appeal and showed no real prejudice affecting fairness.