J.P.P. Fiorucci

The accused was charged with impaired operation and operating a conveyance with a blood alcohol concentration over 80mg.

The accused brought a Charter application alleging breaches of his ss. 8, 9, 10(a), and 10(b) rights due to the officer's failure to make an approved screening device (ASD) demand promptly and failure to provide rights to counsel at the roadside.

The court dismissed the Charter application, finding that the accused's own actions of repeatedly exiting his vehicle allowed the officer to form grounds for an impaired driving arrest before an ASD test could be administered.

The court found the accused guilty of both charges based on the cumulative evidence of impairment, entering a conditional stay on the impaired operation conviction.

The accused was charged with operating a conveyance with a blood alcohol concentration over the legal limit.

At trial, the accused brought a Charter application alleging breaches of sections 8 and 9, arguing the police officer lacked reasonable suspicion to make an approved screening device (ASD) demand.

The court found that the officer's observations, including the smell of alcohol, a half-empty case of beer, and the passenger's admission of drinking, established reasonable suspicion.

The court also noted that even if a breach occurred, the evidence would not be excluded under the Grant framework.

The Charter application was dismissed, and the accused was found guilty.

The accused was charged with two counts of sexual assault against his former partner.

The first incident involved an allegation that the accused continued anal intercourse after the complainant withdrew her consent.

The second incident involved an allegation of non-consensual digital and fist penetration.

The court found the complainant's evidence lacked credibility due to evasiveness and a motive to fabricate following the discovery of the accused's new relationship.

For the first incident, the court found the Crown failed to prove the mens rea, as the accused stopped immediately upon realizing the complainant was crying.

For the second incident, the court accepted the accused's denial.

The accused was acquitted of both charges.

The accused was stopped at a RIDE checkpoint and subsequently charged with impaired operation and having a blood-alcohol concentration over 80mg.

The court found that the arresting officer engaged in a prolonged and unfocused detention without providing rights to counsel, violating ss. 9 and 10(b) of the Charter.

The officer also failed to make a breath demand as soon as practicable, violating s. 8.

Applying the Grant framework, the court excluded the breath test results under s. 24(2).

Without the breath readings, and finding the officers' evidence regarding indicia of impairment unreliable, the court acquitted the accused on both counts.

Following a preliminary inquiry, the Crown sought to commit three accused to stand trial for first degree murder in relation to a stabbing at an after-hours club.

The Crown advanced two routes to first degree murder: planning and deliberation, and constructive first degree murder during an unlawful confinement.

The court reviewed the evidence, including witness testimony and surveillance video, and found sufficient evidence upon which a properly instructed jury, acting reasonably, could convict each of the accused of first degree murder under both theories.

All three accused were ordered to stand trial for first degree murder.

The accused was found passed out in his vehicle in a restaurant drive-thru and was charged with impaired care or control and refusing a breath demand.

The court acquitted the accused of the refusal charge because the Crown failed to prove the arresting officer made a valid demand, as there was no evidence of the exact words used, and the breath technician's subsequent demand was not made 'as soon as practicable' due to an unexplained 41-minute delay.

However, the court convicted the accused of impaired care or control based on the totality of the evidence, including his unresponsiveness, slurred speech, unsteadiness, and the strong odour of alcohol.