Firearms Prohibition

This decision concerns a Crown application under s. 111 of the Criminal Code to prohibit Clint Rogers, a licensed gun owner and gunsmith, from possessing firearms following two non-criminal incidents in 2024 involving mental health crises and self-harm concerns.

The court considered evidence from police, Mr. Rogers, and his wife, including medical letters and testimony about his mental health, substance use, and ongoing possession of firearms.

The judge emphasized the forward-looking nature of the test, the balance of probabilities standard, and the need to assess risk to self or others.

Despite the Crown's concerns, the court found insufficient evidence to prove that Mr. Rogers's possession of firearms posed a danger, noting his longstanding responsible engagement with firearms and progress in counselling.

The application was dismissed.

This sentencing decision concerns Sgt. Alex Esliger of the Canadian Armed Forces, convicted of sexual assault under s. 271 of the Criminal Code for an incident occurring during deployment in Iraq.

The court carefully considered the facts, including the nature of the assault involving forced digital penetration and attempted intercourse, the victim impact, and the offender’s background including mental and physical health issues.

The judge emphasized principles of denunciation and deterrence, referencing key Supreme Court and Court of Appeal authorities, and rejected a conditional sentence despite defence submissions.

The sentence imposed was three years’ imprisonment, a 20-year SOIRA order, and a 10-year firearms prohibition, reflecting the serious nature of the offence and its impact within a military context.

This sentencing decision addresses the appropriate custodial sentence for D.S., convicted of multiple sexual offences against his stepchildren.

The court carefully weighs mitigating factors such as the offender's age, first-time status, and family support against significant aggravating factors including multiple victims, repeated offences over years, abuse of trust, and severe victim impact.

The judge rejects the defence's request for a Conditional Sentence Order (CSO), concluding that the gravity of the offences and the principles of denunciation and deterrence require a custodial sentence exceeding two years.

The global sentence imposed is 40 months, with ancillary orders including a 20-year SOIRA, firearms prohibition, DNA order, and lifetime prohibition.

This decision addresses a Crown application under section 117.05 of the Criminal Code for the disposition of firearms seized without a warrant from Melissa Dupree, who was subject to a Form 1 Mental Health Act intervention due to concerns about suicide risk.

The Court analyzed whether it was "not desirable" in the interests of safety that Ms. Dupree possess firearms, applying the legal test focused on current risk and responsibility as a gun owner.

Despite the initial concerns, the evidence, including psychiatric and psychological assessments and credible testimony from Ms. Dupree and her husband, established that she did not pose a risk to herself or others at the time of the hearing.

The Court denied the Crown’s application for forfeiture and prohibition, ordering the return of the firearms.

The court sentenced R.B. to three years in custody after he pleaded guilty to sexual touching of a child under s. 151 of the Criminal Code.

The decision reviews the facts, the impact on the victim, the offender’s background, and the applicable law, including the Supreme Court’s guidance in R. v. Friesen on sentencing for sexual offences against children.

The court considered aggravating and mitigating factors, including the breach of trust, the victim’s age, and the offender’s health and plea.

The court imposed several ancillary orders, including DNA, SOIRA, and firearms prohibitions.

N.G. was convicted by a jury of 13 sexual offences against his four biological daughters, committed over approximately two decades (2001-2019).

This decision addresses his sentencing.

The court considered the severe impact on the victims, the breach of trust by the offender, and the prolonged nature of the abuse as aggravating factors.

Mitigating factors included N.G. being a first-time offender, his employment history, community involvement, and low risk of re-offending.

The court imposed a total sentence of 12 years imprisonment, emphasizing denunciation and deterrence as primary objectives, and issued several ancillary orders including DNA sample, SOIRA registration, firearms prohibition, and non-contact orders.

Kevin Barreau was convicted after trial of human trafficking, receiving a material benefit from human trafficking, procuring, and advertising sexual services.

The sentencing judgment details the circumstances of the offences, the severe impact on the victim (A.D.), and the offender's personal history, including the influence of systemic anti-Black racism as presented in an Impact of Race and Culture Assessment (IRCA).

The court considered aggravating factors such as the victim's youth and the lasting impact of the offences, alongside mitigating factors including the offender's youth at the time of the offences, lack of prior criminal record, expressed remorse, strong rehabilitation prospects, and the contextualizing role of systemic racism.

The Crown sought a global sentence of seven years, while the defence sought a conditional sentence of two years less a day with restitution.

The court imposed a global sentence of 40 months imprisonment, applying a two-month credit for a Charter breach (denial of access to counsel).

Ancillary orders included restitution to the victim, forfeiture of seized items, a non-communication order, and a 10-year firearms prohibition.

The offender, Miekel Allen, pleaded guilty to possession of a loaded and prohibited firearm.

The court considered both aggravating factors, such as the nature of the loaded prohibited handgun and its accessibility, and significant mitigating factors, including the offender's youth, lack of criminal record, pre-trial custody, guilty plea, remorse, pro-social goals, strong family support, difficult childhood, and social context evidence.

The Crown sought a two-year penitentiary sentence, while the Defence requested a conditional sentence.

The court imposed an 18-month reformatory sentence, reduced to 11 months after accounting for pre-sentence custody and harsh conditions, along with a 10-year firearms prohibition and a DNA order.

This decision concerns the sentencing of Jonathan Yellowhead for manslaughter, following his conviction after a two-week trial.

The victim's death was attributed to hypothermia, blunt facial trauma, and ethanol intoxication.

The Crown sought 8-12 years of incarceration, while the defence proposed 3-5 years.

The court considered aggravating factors, including the accused's violent criminal history, and significant mitigating Gladue factors related to his Indigenous background and the intergenerational impacts of residential schools.

The court also granted 2:1 credit for pre-sentence custody due to "abhorrent conditions" in jail.

The final sentence imposed was five years and four months incarceration, with 51 months credit for pre-sentence custody, resulting in 13 months remaining to serve, followed by a three-year probation order with specific conditions, a DNA order, and a lifetime firearms prohibition.

The accused, Shahabeldin Mohamed, was found guilty of dangerous operation of a conveyance, accessory after the fact to robbery, and failure to stop when pursued by police.

Prior to sentencing, the Crown and defence reached a resolution: the Crown would stay the accessory and failure to stop charges, and a joint submission for a conditional sentence would be made for the dangerous operation count.

The court addressed four issues: the Crown's power to stay charges post-conviction but pre-sentence, whether to accede to the joint submission, and the appropriateness of a DNA order and a firearms prohibition.

The court affirmed the Crown's power to stay charges, accepted the joint submission for a 16-month conditional sentence, but declined to impose a DNA order or a firearms prohibition, finding that the dangerous driving offence in this case did not involve violence against a person.

The accused, L.S., was found guilty of sexual assault and sexual interference involving a 15-year-old victim.

This decision outlines the sentencing.

The court considered aggravating factors, such as the gravity of the offence and the victim's severe impact, alongside mitigating factors, including the offender's lack of criminal record, intellectual disability, and family circumstances.

The Crown sought 3-5 years imprisonment, while the defence sought a conditional sentence.

The court imposed a 30-month penitentiary sentence, reduced to 26 months after credit for house arrest bail, and ancillary orders.

Neelkanth Shah, an 18-year-old first offender, was sentenced for three bank robberies committed in early 2021.

The robberies escalated in severity, with the final one involving an accomplice, brandished knives, an accidental injury to a police officer, and trauma to a bank teller.

The court considered aggravating factors, such as the use of a knife and the amount stolen, and significant mitigating factors, including Shah's sincere remorse, rehabilitative efforts while on strict house arrest bail, and strong community support.

The Crown sought 3-4 years' incarceration, while the defence argued for 31 months, leading to an actual sentence of two years after credit for pre-sentence custody and house arrest.

The accused, Nakhari Henry-Robinson, pleaded guilty to possession of a loaded restricted firearm, careless storage of a firearm, and breaches of a release order and a probation order.

The court considered aggravating factors, including a significant and related criminal record and the dangerous nature of possessing a loaded firearm in a public place.

Mitigating factors included an early guilty plea, the accused's youth (22 years old), challenging social context (anti-Black racism, poverty, exposure to gun violence), and harsh pre-sentence custody conditions due to lockdowns and the COVID-19 pandemic.

The judge emphasized denunciation and deterrence as primary sentencing principles for firearms offences, rejecting the defence's argument for a conditional sentence or time served.

The court imposed a sentence of 40 months for the firearm offence, with concurrent sentences for the other charges, resulting in 17.5 months of additional jail time after accounting for pre-sentence custody credit.

This sentencing decision addresses three co-accused, James Bolan, Jarrett Jocko, and Gilbert Ryan Wilson, who pleaded guilty to aggravated assault and unlawful entry into a dwelling house.

The victim sustained severe, life-altering injuries from a premeditated and violent vigilante attack.

The court considered aggravating factors, including the extreme violence and premeditation, and mitigating factors such as guilty pleas, expressions of remorse, pre-sentence custody, and the impact of COVID-19 lockdowns (Duncan factors).

Gladue principles were applied for the Indigenous offenders, Bolan and Jocko.

The court rejected the defence's request for time served, imposing a global sentence of 7 years imprisonment for aggravated assault and 1 year concurrent for unlawful entry, with credit for pre-sentence custody.

Ancillary orders included DNA orders, lifetime firearms prohibitions (with sustenance hunting exception for Indigenous offenders), and no-contact orders with the victim and a co-accused.

P.V.T. was convicted of sexual assault on his wife and uttering death threats.

The court considered aggravating factors, including the abuse of authority, the victim's vulnerability, repeated incidents, and significant impact on the victim, balanced against mitigating factors such as no prior criminal record and health issues.

The court emphasized general and specific deterrence, finding that the sexual assault stemmed from a generalized attitude towards women.

A global sentence of 4 years and 6 months imprisonment was imposed, with 4 years for sexual assault and 6 months consecutive for uttering threats.

Mandatory orders for DNA registration, a 10-year firearms prohibition, and a 20-year Sex Offender Information Registration Act (SOIRA) order were also made, along with a no-contact order with the victim during the custodial period.

The accused, Marshall Hardy-Fox, pleaded guilty to kidnapping and accessory after the fact in connection with the death of Lee Chiodo, who was kidnapped and murdered over a drug debt by co-accused David Hui and Musab Saboon.

Hardy-Fox, a drug addict with no prior criminal record, acted as the driver during the kidnapping and later cooperated with the police, testifying against Hui and Saboon.

The Crown sought a total sentence of 6-8 years, while the defence argued for time served (21 months) plus probation, emphasizing Gladue factors and the accused's cooperation.

The court considered aggravating factors, including the drug-related nature of the offences and the use of a firearm, alongside significant mitigating factors such as the accused's lack of record, early guilty plea, remorse, assistance to the prosecution, and Indigenous background (Gladue factors).

The judge imposed a sentence of 3 years and 8 months (44 months) for kidnapping and 2 years concurrently for accessory after the fact.

With 21 months credit for pre-sentence custody and restrictive bail conditions, the remaining custodial sentence was 23 months, followed by a 3-year probation order.

Jared Gould pleaded guilty to three counts of child luring and one count of inviting a person under 16 to touch themselves sexually.

The court addressed a constitutional challenge to the one-year mandatory minimum sentence for luring, finding it inoperative based on recent Superior Court decisions.

The Crown sought an 18-month jail sentence, while the defence argued for a conditional sentence.

The court, emphasizing denunciation and deterrence for child sexual abuse offences, particularly in light of R. v. Friesen and R. v. Rafiq, determined that a conditional sentence was inappropriate given the repetitive nature of the conduct, the number of victims, and the fact that the offences occurred while the offender was on probation for a related sexual offence.

An 18-month jail sentence was imposed, along with a two-year probation order and various prohibitions.

The offender, Mageed Bedawi Tago, pleaded guilty to possession of a loaded prohibited firearm, careless use of a firearm, and breach of a release order.

The Crown sought a sentence of 22 months imprisonment, while the defence sought 15 months, both accounting for mitigating factors.

The court considered aggravating circumstances, including the public nature of the offence, flight from police, and breach of bail, alongside mitigating factors such as the offender's youth, rehabilitative prospects, guilty plea, and harsh pre-sentence custody conditions due to COVID-19.

The court determined a fit sentence of 22 months imprisonment, with 7 months credit for pre-sentence custody, leaving 15 months to serve.

Ancillary orders included a two-year probation, a lifetime firearms prohibition, and a DNA sample order.

The defendant, Aaron Lee, pleaded guilty to attempted robbery, dangerous operation of a motor vehicle, and driving while prohibited.

The offences involved driving a stolen car dangerously, causing a multi-car collision, and then attempting to steal another vehicle.

The court considered aggravating factors, including a lengthy criminal record, being on release and probation at the time of the offences, and the presence of dangerous drugs in his system.

Mitigating factors included his guilty plea, expression of remorse, difficult background (including potential Gladue factors), and the challenging conditions of incarceration during the COVID-19 pandemic.

The court imposed a global custodial sentence of 18 months, applying a 2-month "Duncan credit" for COVID-19 conditions and a 6-month "Summers credit" for pre-trial custody, resulting in 12 months remaining to be served.

Additional orders included a 2-year probation, a DNA order, a lifetime firearms prohibition, and a 10-year driving prohibition.

The defendant was found guilty after trial of possessing an unloaded restricted firearm in a motor vehicle and careless storage of the firearm and ammunition.

The prosecution sought a total of nine months jail (six months for possession counts concurrent, three months for careless storage consecutive), plus probation.

The defendant sought a six-month concurrent conditional sentence.

The court imposed a total sentence of nine months imprisonment (six months concurrent for possession offences, three months consecutive for careless storage of ammunition) and two years probation, along with a lifetime firearms prohibition for restricted/prohibited firearms and a 10-year prohibition for all other firearms.

The court emphasized denunciation and deterrence due to the dangerous nature and unlawful provenance of the firearm, rejecting a conditional sentence despite mitigating factors and the global pandemic.