Kathleen Healey

The appellant was arrested and charged with possession of cocaine after a police officer peered into a public washroom stall and observed him preparing drugs.

At trial, the judge found a breach of the appellant's s. 8 Charter rights but declined to exclude the evidence under s. 24(2), noting the appellant's reduced privacy interest because he was using the stall solely for illicit purposes.

The appellant appealed, arguing the trial judge erred in considering his unlawful use of the stall in the s. 24(2) analysis.

The Superior Court of Justice dismissed the appeal, holding that while the nature of the activity does not affect the existence of a privacy interest under s. 8, it is highly relevant to assessing the seriousness of the breach under s. 24(2).

The accused attacked military personnel at a Canadian Forces Recruiting Centre with a knife.

He was charged with nine counts of committing indictable offences for the benefit of, at the direction of, or in association with a terrorist group under s. 83.2 of the Criminal Code.

The Crown argued that the accused, acting as a 'lone wolf', constituted a terrorist group himself.

The court rejected this interpretation, holding that s. 83.2 requires the terrorist group to have an identity separate from the person committing the offence.

The accused was therefore acquitted of the terrorism charges.

On the included offences of attempted murder, assault causing bodily harm, and weapons offences, the court accepted joint psychiatric evidence that the accused was suffering from schizophrenia and was incapable of knowing his actions were morally wrong.

The accused was found not criminally responsible on account of mental disorder.