Jennifer K. Penman

The applicant, Spiro Rusha, brought a Charter application to exclude evidence seized during a search warrant execution, arguing the warrant lacked reasonable grounds and the Information to Obtain (ITO) was misleading.

He also challenged the lawfulness of his arrest under s. 9 of the Charter and alleged excessive force during the arrest under s. 7.

The court dismissed all applications, finding the search warrant valid based on credible, compelling, and corroborated confidential informant information, and that the affiant did not intentionally mislead the issuing justice.

The court also found reasonable grounds for the arrest and that the force used was not excessive given the circumstances.

Marlon Downey applied to stay human trafficking proceedings, arguing his s. 11(b) Charter right to a trial within a reasonable time was infringed, as the total delay exceeded the 30-month Jordan ceiling.

The Crown opposed, attributing delay to the pandemic and defence unavailability.

The court found the primary reason for delay was a systemic lack of judicial resources, not solely COVID-19 backlog or defence actions.

The application was granted, and proceedings were stayed.

The defendants, Victoria Manna-Silva and Ralph George, brought applications under sections 24(1) and 24(2) of the Canadian Charter of Rights and Freedoms to exclude evidence (drugs and a firearm) and for a stay of proceedings, alleging violations of their section 8 (unreasonable search) and section 10(b) (right to counsel) Charter rights.

The court found that police lawfully entered the apartment under exigent circumstances (911 domestic violence call) and observed drugs in plain view.

However, the court found section 8 violations for police remaining in the apartment after Ms. Manna-Silva was removed and for minor unlawful searches by a supervising officer.

A section 10(b) violation was also found due to delay in facilitating Ms. Manna-Silva's access to counsel.

Applying the Grant factors, the court determined that the seriousness of the breaches was low to moderate, the impact on the accused's Charter interests was not sufficiently serious to warrant exclusion given the independent discoverability of evidence and lack of self-incrimination, and society had a strong interest in adjudicating the serious drug and firearm charges on their merits.

Consequently, both the applications for exclusion of evidence and a stay of proceedings were dismissed.

Elijah Gilmore-Bent sought a stay of charges for possession of a loaded firearm, alleging violations of sections 7 and 12 of the Charter due to excessive force by correctional officers and a subsequent cover-up through false reports and testimony.

The court found that Officer Warburton's use of pepper spray was excessive and unnecessary, aggravated by Gilmore-Bent's 15-day segregation.

Furthermore, several officers colluded to write false use-of-force reports and provided dishonest testimony, indicating a systemic lack of oversight and accountability.

The court determined that no alternative remedy was sufficient and that continuing the prosecution would undermine the integrity of the justice system, granting a stay of proceedings.

A Toronto Police Service officer, Constable Quinn, was charged with one count of sexual assault of E.W. while on duty.

The Crown alleged the sexual activity was non-consensual, and that Quinn manipulated the situation by faking a phone call to his partner and creating opportunities to be alone with the complainant.

Quinn testified the activity was consensual and instigated by the complainant.

The court found Quinn's testimony not credible, particularly regarding the fake phone call and his efforts to engage with the complainant outside of police duties.

The court accepted the complainant's evidence that she did not consent and found her credible and reliable.

The court also determined that, even if there had been apparent consent, it would have been vitiated by Quinn's abuse of his position of trust, power, or authority as an on-duty police officer.

Constable Quinn was found guilty of sexual assault.