John S. Struthers

The Crown applied under s. 521 of the Criminal Code to review a justice of the peace’s order releasing the accused on bail for an attempted murder charge arising from a gang-related shooting.

The Crown argued that detention was required on the secondary and tertiary grounds and that the release decision was clearly inappropriate.

Applying the Supreme Court of Canada’s framework in St‑Cloud governing bail reviews under ss. 520 and 521, the court held that intervention is warranted only for legal error, a clearly inappropriate decision, or material new evidence.

The reviewing judge concluded that the justice of the peace committed no legal error and that the balancing of factors under s. 515(10)(b) and (c) was not clearly inappropriate, particularly given the circumstantial nature of the Crown’s case.

The Crown’s bail review application was dismissed.

The defendant was charged with assault causing bodily harm following an incident on a Keswick street where he struck the complainant, causing serious head injuries requiring brain surgery.

The defendant admitted striking the blow but claimed self-defence, asserting he believed the complainant was about to strike him.

The incident followed a confrontation at a local bar the previous evening where the complainant made threats and displayed aggressive behaviour.

The court examined conflicting eyewitness accounts and found the defendant's evidence, while not without blemish, raised a reasonable doubt regarding his guilt.

The court acquitted the defendant on the basis that the Crown failed to prove beyond a reasonable doubt that the defendant did not act in self-defence.

The defendant was charged with three counts of possession for the purpose of trafficking (cocaine, crack cocaine, and marijuana), two counts of simple possession (marijuana and oxycodone), and one count of possession of proceeds of crime.

Following a trial based on circumstantial evidence, the defendant was found guilty of possession of marijuana for the purpose of trafficking and possession of proceeds of crime.

The defendant was acquitted of the cocaine trafficking charges and the oxycodone possession charge due to reasonable doubt regarding possession, despite the court's suspicion of guilt.

The accused was charged with sexual assault contrary to section 271 of the Criminal Code.

The complainant testified that she awoke to find the accused engaged in sexual activity with her while she was asleep in her bedroom.

The accused claimed the complainant was kissing him back and that he believed she had consented.

The court found that the complainant did not consent as she was incapable of consenting while asleep, and that the accused failed to take reasonable steps to ascertain consent.

The court rejected the defence of honest but mistaken belief in consent, finding no air of reality to the defence given the circumstances and the accused's self-induced intoxication.