Jenny Rodopoulos

The appellant appealed his conviction for impaired operation of a conveyance, arguing the trial judge misapprehended evidence and rendered an unreasonable verdict.

The appeal court found the trial judge erred in considering an involuntary statement but applied the curative proviso, deeming the error harmless given overwhelming evidence of impairment and realistic risk of danger.

The court dismissed the appeal, affirming the conviction.

The accused, a high school teacher, organized and led a wilderness canoe trip for students.

During the trip, a 15-year-old student drowned while swimming without a lifejacket.

The Crown alleged that the accused's failure to follow safety guidelines, including allowing non-swimmers on the trip and permitting the student to swim without a lifejacket, constituted criminal negligence causing death.

The court found that while the accused's conduct in failing to reassess the risk at the swim site fell below the standard of care of a reasonably prudent parent, it was not a marked and substantial departure from that standard.

The accused was acquitted.

The accused pleaded guilty to two counts of possession of a loaded restricted firearm on May 9, 2018, when he was 18 years old with no prior criminal record.

The Crown sought a sentence of four years imprisonment, while the defence argued for a shorter sentence considering the accused's youth, clean record, and circumstances including systemic discrimination against young Black men and his legitimate fear for his safety.

The court imposed a sentence of two years less one day in provincial jail followed by three years' probation, with lifetime weapons prohibitions.

The offender was convicted of second degree murder after striking and dragging a gas station attendant with his vehicle while fleeing a gas theft.

The Crown sought a 17-year parole ineligibility period, while the defence sought 10 to 12 years.

The court found the offender's conduct shockingly callous and noted his lengthy criminal record, probationary status at the time of the offence, and three-year evasion of arrest as aggravating factors.

The court sentenced the offender to life imprisonment with no eligibility for parole for 16 years, along with weapons prohibition and DNA orders.

During a trial for second degree murder arising from a gas theft where the attendant was struck and dragged by a vehicle, the accused sought to have dangerous driving causing death left with the jury as an included offence.

The accused admitted to driving the vehicle but denied knowing he had struck the victim.

The court analyzed sections 662(3) and (5) of the Criminal Code and concluded that section 662(3) strictly limits the available included offences on a murder charge to manslaughter or infanticide.

The request to leave dangerous driving causing death as an included offence was dismissed.

The accused were charged following an incident at a Shoppers Drug Mart in Toronto.

The accused were falsely accused of attempting to steal condoms by a loss prevention officer.

After being told to leave the premises, they attempted to do so but were physically detained by the loss prevention officer and store employees.

A struggle ensued outside the store.

The court found that the accused were not given a reasonable opportunity to leave as required by the Trespass to Property Act, making the arrest unlawful.

Consequently, the accused had the right to resist the unlawful detention using reasonable force.

The court found the force used was reasonable and not excessive.

All charges were dismissed.