J. Schaffer

The accused, facing serious charges including aggravated assault and breach of probation, sought bail based on a material change in circumstances, namely a new proposed surety and a stated willingness to undergo alcohol treatment.

The court acknowledged the Gladue factors present but found their impact lessened by the seriousness of the charges.

Given the accused's extensive criminal record, including numerous breaches of court orders and violent offences, the court concluded that the proposed plan did not adequately address the secondary grounds for detention.

Bail was denied.

The accused brought a motion seeking a stay of proceedings based on alleged breaches of ss. 7 and 11(b) of the Canadian Charter of Rights and Freedoms arising from pre‑charge and post‑charge delay.

The charges included manslaughter, criminal negligence causing death, and trafficking in a controlled substance following a fatal methadone overdose.

Applying the framework from Morin and related jurisprudence, the court assessed the delay and attributed the majority to inherent and defence causes, finding institutional delay of approximately 5.6 months, within acceptable limits for the Superior Court of Justice.

The court concluded the accused failed to establish sufficient prejudice from the delay to justify a stay of proceedings.

The accused also sought to exclude a statement recorded in a physician’s patient note; the court held the statement was admissible as its probative value was not outweighed by prejudice.

The applicant, who was being tried for assault in the Ontario Court of Justice, brought a mid-trial application in the Superior Court of Justice seeking to remove the trial judge due to a reasonable apprehension of bias.

The applicant argued the trial judge was partial to the Crown, permitted a witness to abuse the accused, and improperly curtailed cross-examination.

The court dismissed the application, finding that the trial judge's interventions were aimed at ensuring all necessary evidence was before the court for the unrepresented accused's benefit, and that the applicant failed to meet the high threshold required for mid-trial removal of a judge.

The offender was convicted of defrauding a fellow church member of $23,643 under the guise of an investment scheme.

The Crown sought a 90-day jail sentence, while the defence requested a conditional discharge.

The court emphasized the planning involved, the vulnerability of the victim, and the lack of recovery or remorse.

The offender was sentenced to 45 days of intermittent custody, followed by 18 months of probation, and ordered to pay full restitution.