8 total
Offender sentenced to nine months' incarceration for sexual interference against a 14-year-old victim.
The offender was found guilty of sexual interference for touching the buttocks and kissing a 14-year-old victim on multiple occasions.
The Crown sought a two-year sentence, while the defence requested a conditional sentence.
The court considered the offender's Indigenous background under Gladue but emphasized denunciation and deterrence as mandated by Friesen.
Finding that the offender was not in a position of trust but noting the profound impact on the victim and the offender's lack of empathy, the court rejected a conditional sentence and imposed nine months of incarceration followed by two years of probation.
Indigenous offender sentenced to time served plus one day for discharging a firearm during a domestic dispute.
The offender pleaded guilty to firearm offences after discharging a rifle outside her brother's residence during a domestic dispute with her ex-partner.
The court considered the offender's Indigenous background and the Gladue factors, noting her commitment to rehabilitation while in custody.
Given the Crown's case was not overwhelming, the court placed significant weight on the guilty plea as an expression of remorse.
The offender was sentenced to time served (648 days enhanced credit) plus one day, followed by two years of probation.
Accused acquitted of arson and manslaughter due to reasonable doubt regarding witness reliability and alternate suspect.
The accused was charged with arson and manslaughter following a fatal fire at a rooming house.
The Crown's case relied heavily on two alleged confessions by the accused and his history of making threats to burn down the building.
The court found significant credibility and reliability issues with the Crown witnesses, many of whom suffered from mental health issues or had extensive criminal records.
Furthermore, the presence of a plausible alternate suspect with a motive raised a reasonable doubt.
The accused was found not guilty on both charges.
Application to admit preliminary hearing testimony of missing witnesses under hearsay exception granted.
During a trial for arson and manslaughter, the Crown brought an application to admit the preliminary hearing testimony of two missing witnesses under the principled exception to the hearsay rule.
The court found the necessity requirement was met because police made reasonable efforts to locate the transient witnesses.
The reliability requirement was also met as the evidence was given under oath and subject to contemporaneous cross-examination.
The application was granted and the audio recordings were admitted into evidence.
The offender received time served and probation for property offences due to COVID-19 pandemic risks.
The offender pleaded guilty to ten Criminal Code offences, three Controlled Drugs and Substances Act offences, and one Highway Traffic Act offence.
The offences consisted primarily of property crimes committed during a 24-hour spree, including theft of a motor vehicle, break and enter, possession of stolen property, and possession of drugs.
The Crown sought 15 months incarceration less pre-sentence custody credit, while the defence sought time served plus probation.
The court imposed a sentence of time served (approximately 218 days including enhanced credit) followed by a three-year probation period, considering the offender's lack of violent history, guilty pleas, remorse, and the exceptional circumstances of the COVID-19 pandemic.
An Indigenous offender with a lengthy record received a 12-month custodial sentence and two years' probation for breaching a section 810.2 recognizance and escaping custody.
Sentencing decision for an Indigenous offender convicted of escape from lawful custody, breach of recognizance under section 810.2 of the Criminal Code, and failure to attend court.
The offender had an extensive criminal history including violent offences and numerous breaches of court orders.
The court imposed a 12-month custodial sentence with credit for pre-sentence custody at a 1.5:1 ratio, followed by a two-year probation order with conditions for monitoring and protection of the public.
The court rejected the Crown's request for a three-year probation term, finding that two years was sufficient given the proportionality principle and the offender's circumstances.
Repeat child sexual offender sentenced to six years imprisonment.
The offender was sentenced following convictions for sexual interference, invitation to sexual touching, making sexually explicit material available to a person under 16, and exposing genitals to a person under 16 involving a child known to him through a familial relationship.
The abuse occurred repeatedly over many months while the child was being babysat by the offender’s spouse.
The court emphasized denunciation and deterrence under ss. 718 and 718.01 of the Criminal Code, noting the offender’s lengthy historical record for sexual offences involving children and his failure to accept responsibility.
Although the offender relied on age, health issues, and family dependency as mitigating factors, the court found the aggravating circumstances—including breach of trust, grooming behaviour, and severe psychological harm to the victim—required a significant penitentiary term.
A sentence of six years’ imprisonment was imposed along with lifetime prohibitions and sex offender registration.
Child sexual offence charges proven through credible testimony and laptop corroboration.
The accused was tried on multiple child sexual offence counts arising from alleged misconduct toward a child during a babysitting arrangement in the family home.
Applying the W.(D.) framework, the court accepted the complainant's evidence, as supported by the mother's narrative and significant corroboration from forensic computer evidence showing deleted pornographic folders matching the complainant's description.
The court rejected the accused's and spouse's evidence as concocted, implausible, and unreliable.
The court further held that the accused showed sexually explicit material for the subjective purpose of facilitating the sexual offences, amounting to grooming within the meaning of the facilitation language discussed in Legare.
Guilty verdicts were entered on all five counts.