Joanne E. Mulcahy

The Court of Appeal for Ontario considered three applications related to a previous application by David Swaine, the respondent on a Crown appeal.

Swaine sought orders under sections 682 and 683 of the Criminal Code, including cross-examination of prosecuting Crowns and production of documents from the Executive Legal Officer of the Superior Court of Justice.

Two applications to intervene were brought by the Office of the Chief Justice of the Superior Court of Justice and the Ontario Superior Court Judges’ Association, both raising concerns about the administration of justice and judicial independence.

The Crown also sought a sealing order for future materials.

The Court granted leave to intervene to both proposed interveners and dismissed the Crown’s application for a sealing order, finding it inapplicable to the materials at issue.

Boris Borissov, a Toronto Police Service officer, was sentenced for multiple offences including theft, fraudulent use of bank cards, trafficking stolen property, attempt to obstruct justice, unauthorized use of police computer systems, and possession of a motor vehicle obtained by crime.

The offences involved abusing his position to steal from vulnerable victims (a missing person and a deceased woman) and to assist criminal associates by providing internal police information and obstructing investigations.

The court emphasized denunciation and deterrence as primary sentencing objectives for police officers who breach public trust.

Despite mitigating factors such as good character, PTSD, and rehabilitation efforts, the court imposed a global sentence of 7 years' incarceration, finding the offences to be profound and repeated abuses of police power.

The appeal concerns the openness of a police services board hearing regarding an extension of time for service of a disciplinary notice.

Following an investigation by the Ontario Independent Police Review Director into allegations of police misconduct in the investigation of the death of an Indigenous man, a retired judge appointed as a substitute decision-maker ordered that the extension hearing be held in camera.

The Canadian Broadcasting Corporation and First Nation complainants sought judicial review, arguing that the hearing should be open pursuant to section 2(b) of the Canadian Charter of Rights and Freedoms.

The Divisional Court upheld the in camera order, finding that the Dagenais/Mentuck test did not apply to administrative proceedings and that the statutory test under the Police Services Act was sufficient.

The Court of Appeal allowed the appeal, finding that while the Dagenais/Mentuck test does not apply to administrative proceedings, the Charter right to freedom of expression and freedom of the press recognized in Langenfeld applies to police services board meetings, and the presumption of openness under the Police Services Act must be considered in light of this Charter protection.

A senior police officer with the Halton Regional Police Service pleaded guilty to breach of trust under section 122 of the Criminal Code for stealing oxycodone pills from a police evidence locker between August 27, 2015 and April 30, 2016.

The officer had developed an addiction to prescription opioids following multiple knee surgeries and work-related injuries, compounded by untreated PTSD and workplace harassment.

The court imposed a conditional discharge with three years probation, 240 hours of community service, and a victim fine surcharge, finding that exceptional circumstances—including the officer's addiction, mental health issues, early guilty plea, comprehensive rehabilitation efforts, and strong family and community support—justified a discharge despite the serious nature of the breach of trust offense.

An appeal concerning jurisdiction to review a youth justice court decision regarding access to youth records under the Youth Criminal Justice Act.

The Toronto Police Service and a police officer appealed a youth court judge's decision denying access to records.

The Superior Court judge allowed the appeal and ordered production of records.

The Court of Appeal found that the Superior Court lacked jurisdiction to hear an appeal from the youth court decision under section 40(1) of the Courts of Justice Act, as the YCJA is federal legislation.

While certiorari under Part XXVI of the Criminal Code provides an alternative review route, the Court of Appeal declined to determine the appeal on the merits due to the procedural irregularities and set aside the Superior Court decision.

The defendants were charged with sexual assault.

The Crown sought to admit expert toxicologist evidence regarding the effects of "date rape" drugs, consistent with the complainant's symptoms of incapacitation, despite no direct evidence of drug administration.

The defence objected, arguing irrelevance due to the absence of a drug charge and late disclosure of new testimonial details.

The court ruled the expert evidence admissible, finding it relevant to the issue of consent and the complainant's incapacitation, even without knowing the exact drug or its administration method.

The court noted that late disclosure, if remedied by adjournment, affects weight rather than admissibility.

This is a preliminary inquiry into charges of criminal negligence causing death and dangerous driving causing death against two Ontario Provincial Police officers.

The officers were engaged in a high-speed pursuit of a stolen vehicle driven by a prohibited driver that resulted in a collision with an innocent third party, causing her death.

The Crown alleged the officers failed to terminate the pursuit when the risk to public safety outweighed the benefit of apprehension, and that their driving was objectively dangerous.

The defence argued the officers' conduct was within their training and policy, and that neither supervising sergeant terminated the pursuit.

The court found sufficient evidence to commit both officers to trial on both counts.

A police constable was charged with assault with a weapon arising from his use of a police asp during the arrest of a protester at the G-20 demonstrations in Toronto on June 26, 2010.

The Crown alleged that the force used exceeded what was necessary.

The defendant testified that he used the asp to assist fellow officers in securing the arrestee's limbs.

The court found that the defendant's use of force was not proportionate, necessary, or reasonable, and that his explanation for the blows was an after-the-fact justification rather than the actual reason for them.

The defendant was found guilty.