Julianna Schiller

The defendant, Kadah Dematas, was found guilty of assault with a weapon and assault causing bodily harm against two police officers.

The court considered aggravating factors, including his serious criminal record and the nature of the offences against law enforcement, and mitigating factors, such as his youth, efforts at rehabilitation, and Indigenous and racialized background (Morris and Gladue principles).

The court imposed a total penitentiary sentence of 30 months, with significant pre-sentence custody credit, and ancillary orders including a DNA sample and a lifetime weapons prohibition.

The applicant, Aaron Stewart, brought a motion challenging the facial validity of a search warrant for his residence at 270 Church Street, Belleville, arguing it was deficient for failing to specify the unit to be searched in a multi-unit dwelling.

Police obtained the warrant believing it was a single dwelling, but discovered it contained two Airbnb units upon execution.

They confined their search to the applicant's unit (Unit A) and found drugs and currency.

The court found no Section 8 Charter breach, distinguishing the case from R. v. Ting and aligning it with R. v. Iraheta, as the police acted reasonably and confined their search to the target's unit.

Alternatively, if a breach occurred, the evidence would be admissible under Section 24(2) of the Charter, considering the seriousness of the conduct, impact on the accused, and society's interest in a trial on the merits.

The application to exclude evidence was dismissed.

The accused, Kadah Dematas, was charged with four counts related to offences committed during his arrest by police officers, including assault with a weapon and assault causing bodily harm.

The trial focused on the accused's knowledge that the complainants were police officers, whether his actions were a reflex, and if he acted in self-defence.

The court found the accused's testimony not credible, concluding that he intentionally assaulted both officers, knowing they were police, and was not acting in self-defence or reflexively.

Dematas was found guilty of assault with a weapon and assault causing bodily harm against Detective Constable Subramaniam, and assault causing bodily harm against Detective Constable Miller.

He was found not guilty of assault with a weapon against Detective Constable Miller.

The matter was adjourned for sentencing.