Jeffery R. Richardson

This case addresses an application by the Crown, initiated by Constable Erin Corriveau, for a firearms prohibition order and forfeiture against Stephen Clouthier under section 111 of the Criminal Code.

The application stemmed from a period of psychosis experienced by Mr. Clouthier in November 2020, which led to police seizure of his firearms.

The court considered whether it was still undesirable in the interests of safety for Mr. Clouthier to possess firearms at the time of the hearing, given his recovery and lack of violent behaviour.

The court found no evidence of continuing mental instability or irresponsible firearm use and dismissed the application, ordering the return of his firearms.

The court addressed whether it lost jurisdiction over a trial when the accused was disconnected from a virtual hearing for 15 minutes during evidence.

The accused was charged with impaired driving.

The court considered the right to be present at trial, the less formal nature of summary conviction proceedings, and the impact of the COVID-19 pandemic on court operations.

The judge ruled against declaring a mistrial, finding that alternative remedies, such as providing the accused with a transcript and recording of the missed evidence and resuming the trial in person, could cure any prejudice and ensure a fair trial.

The accused, Patricia Ann Merkley, pleaded guilty to obstructing a peace officer by providing false information during a serious stabbing investigation.

The Crown sought a suspended sentence, while the defence argued for a conditional discharge.

The court considered the seriousness of the offence, the accused's lack of prior record, her personal circumstances (overcoming addiction, employment), and the fact that her lies were quickly discovered and had minimal impact on the investigation.

The decision weighed the public interest, particularly concerning the implications of a conditional discharge under Section 12 of the Canada Evidence Act regarding future cross-examination.

Ultimately, the court granted a conditional discharge with 36 months probation and 50 hours of community service, finding it appropriate given the specific mitigating factors and the likelihood that the accused would not re-offend.

The case concerns the sentencing of Tyson Kennedy for multiple offences, including fraud over $5000, possession of fentanyl for trafficking, impaired driving, and breach of release orders.

The primary issue was the calculation of pre-sentence custody credit, specifically the application of "Duncan credit" for harsh conditions due to COVID-19 lockdowns.

The court reviewed the joint submission for a 42-month sentence, finding it lenient but acceptable, and then determined the appropriate credit, granting 0.5 days Duncan credit for each of the 73 lockdown days, in addition to the standard 1.5:1 Summers credit.