2 total
The court awarded $10,000 in costs against the Crown for proceeding with a prosecution despite the complainant's immediate recantation.
The accused was charged with common assault against his domestic partner.
The complainant recanted her allegations two days after the incident, providing written and oral statements to police that she had fabricated the assault allegations.
Despite this recantation and the Crown's own screening for a non-custodial disposition on guilty plea, the Crown opposed bail and proceeded with prosecution.
The accused was acquitted at trial after the Crown called the complainant, who testified to the fabrication.
The court found the Crown's conduct constituted a marked and substantial departure from reasonable prosecution standards and awarded costs against the Crown for breach of the accused's Charter rights under section 7.
Accused charged with first degree murder granted bail on strict conditions including electronic monitoring.
The accused, charged with first degree murder and indignity to human remains, applied for judicial interim release.
The Crown opposed release, citing the gravity of the offence and the accused's alleged involvement in drug and firearms trafficking.
The court considered the proposed release plan, which included strict house arrest, electronic monitoring, and a $600,000 surety provided by the accused's mother.
Finding triable issues in the Crown's case and emphasizing the accused's right to make full answer and defence, the court concluded the accused met the onus under section 515(10) of the Criminal Code and granted release on strict conditions.
