Appeared as counsel in 19 cases (2003–2010)
2 total
Stay of proceedings granted for impaired driving due to arbitrary detention based on residence.
The accused was charged with impaired driving and admitted guilt at trial, but sought a stay of proceedings due to multiple Charter breaches.
Despite having no criminal record, strong ties to Ontario, and being cooperative, the accused was detained for a show cause hearing solely because he resided in the Northwest Territories.
The court found this constituted arbitrary detention under s. 9 of the Charter.
This arbitrary detention led to an unjustified strip search at the jail, breaching s. 8.
Furthermore, the police failed to inform the accused of the reasons for his continued detention or his right to counsel, breaching ss. 10(a) and 10(b).
Given the cumulative effect of these breaches and the inability to reduce the mandatory minimum sentence, the court granted a stay of proceedings under s. 24(1).
The court granted enhanced credit for pre-sentence custody despite a bail violation, emphasizing harsh remand conditions and rehabilitation.
The accused pleaded guilty to seven counts of theft under $5,000, committed through shoplifting to finance an Oxycontin addiction.
Following his initial release and subsequent bail violation, he pleaded guilty to additional charges including failing to attend court and breach of recognizance.
The central issue at sentencing was the quantum of jail time and the credit to be granted for pre-sentence custody, particularly regarding enhanced credit under section 719(3.1) of the Criminal Code.
The court imposed a sentence permitting the accused to access drug treatment at Westover Treatment Centre.
