Julie Y. Lefebvre

The accused, facing charges including breach of trust, fraudulent computer access, and organized crime affiliation, brought an application to compel the Canada Revenue Agency (CRA) to produce extensive computer records for his defence.

The CRA opposed, citing taxpayer privacy under the Income Tax Act and arguing the request was overly broad.

The Crown characterized the request as a fishing expedition.

The court dismissed the application, finding that the accused failed to establish the likely relevance of the requested information to an issue at trial or witness competence, noting the vague assertions and the accused's own admissions of unauthorized access.

The accused, a high school automotive technology teacher, was charged with sexual assault and related offences involving a student under 16 years of age.

The Crown's case rested entirely on the credibility of the complainant, as there were no eyewitnesses to the alleged events.

The court found the complainant's testimony to be fraught with inconsistencies regarding key dates, the frequency and duration of alleged sexual contact, and the circumstances under which the relationship allegedly began.

The complainant provided multiple conflicting versions of events to police, school officials, and friends.

Forensic evidence from the complainant's cell phone revealed no corroborating communications establishing a sexual relationship.

The accused's evidence was consistent, and corroborating testimony from his wife, former students, and the complainant's own friends contradicted the allegations.

The court found the accused had raised a reasonable doubt and acquitted him on all charges.

The accused pleaded guilty to distributing an intimate image without consent.

The Crown sought a suspended sentence and probation, while the defence sought a conditional discharge.

The court considered the sentencing principles, aggravating and mitigating factors, including the limited distribution of the images, the accused's lack of criminal record, remorse, and stringent bail conditions.

The court granted a conditional discharge with a twelve-month probation period, finding it to be in the best interests of the accused and not contrary to the public interest, emphasizing that deterrence and denunciation can be achieved without a conviction in such circumstances.

The accused was charged with impaired driving and care and control of a vehicle while having consumed an illegal amount of alcohol contrary to sections 253(1)(a) and 253(1)(b) of the Criminal Code.

The accused challenged the charges on Charter grounds, alleging violations of sections 7, 8, and 10(b).

The court found that the investigating officer had reasonable and probable grounds to believe the accused was guilty of impaired driving based on observations at the accident scene.

The court convicted the accused of impaired driving under section 253(1)(a) but dismissed the care and control charge under section 253(1)(b) because the second breath sample was taken outside the permissible two-hour period, depriving the Crown of statutory presumptions.

The court rejected all Charter breach allegations.

The accused applied to exclude evidence seized pursuant to a search warrant executed at his residence in a child pornography investigation.

He argued the Information to Obtain contained stale information, lacked full, frank and fair disclosure, and failed to provide sufficient technical evidence supporting reasonable grounds.

The court reviewed the authorization under the Garofoli framework and concluded the issuing justice had sufficient grounds to issue the warrant, relying on the officer’s observations of child pornography files associated with the IP address and explanatory evidence regarding file sharing networks and forensic recovery.

The court held the information was adequate and not misleading, and that reasonable grounds existed to believe evidence would be found.

In the alternative, the court found the evidence would not be excluded under s. 24(2) of the Charter because the police acted in good faith and the evidence was reliable and crucial to the prosecution.

A bail hearing concerning a reverse onus matter where the accused was charged with 26 offences including kidnapping, unlawful confinement, uttering threats, dangerous driving, firearms offences, and possession of explosives.

The accused, facing serious personal and financial difficulties, allegedly kidnapped a city lawyer at gunpoint and held him in an industrial facility while demanding financial compensation.

The Crown sought detention on primary, secondary, and tertiary grounds.

The court found the Crown's case strong and determined that the proposed sureties and plan of release were inadequate to address concerns regarding the accused's obsession with the complainant and weapons.

Detention was ordered on secondary grounds.