M. A. Code

The accused pleaded guilty to assault with a weapon, assault causing bodily harm, forcible confinement, and breach of recognizance against his former intimate partner.

The parties initially presented a joint submission structured to minimize the accused's immigration consequences, proposing two consecutive sentences of six months less a day.

The accused later sought to strike his guilty pleas but failed to file the necessary motion materials after multiple adjournments.

The court denied a further adjournment and proceeded to sentencing.

Applying the Cerasuolo test, the court accepted the joint submission, finding it fell within the appropriate range given the mix of aggravating and mitigating factors, and strongly recommended that immigration officials exercise discretion against removing the accused from Canada.

The accused, charged with first degree murder, brought a motion to override the Attorney General's refusal to consent to a judge alone trial under s. 473(1) of the Criminal Code, arguing that extensive adverse pre-trial publicity from a prior murder conviction rendered a fair jury trial impossible.

The court dismissed the motion, finding that the demanding standard for Charter relief was not met and that traditional safeguards, including challenge for cause, should be attempted first.

The court granted the alternative motion to challenge prospective jurors for cause based on pre-trial publicity and approved a set of six questions for the jury selection process.