Firearms Prohibition

Richard Samuels and Tafari Minott pleaded guilty to manslaughter for the shooting death of Osman Bangura.

The Crown sought eight-year sentences, while defence counsel requested six years.

The court considered aggravating factors, such as the use and disposal of illegal firearms and Samuels' youth record, and mitigating factors, including early guilty pleas, self-defence concerns (though disproportionate force was used), and harsh pre-sentence custody conditions.

The court imposed a six-year sentence on both offenders, with credit for time served, resulting in remaining sentences of approximately 2 years 9.5 months for Samuels and 3 years 8.5 months for Minott.

Both were also subject to a lifetime firearms prohibition and a mandatory DNA order.

Ilirjon Bajraktari was found guilty of possession of a loaded restricted firearm.

The Crown sought a three-year penitentiary sentence, while the defendant sought a conditional sentence of two years less a day to avoid deportation.

The court sentenced the defendant to two years less a day to be served as a conditional sentence in the community, with strict house arrest and curfew, followed by one year of probation, along with ancillary orders (firearms prohibition, DNA order, forfeiture).

The judge considered mitigating factors such as the defendant's youth, lack of criminal record, family support, and pro-social efforts, and the potential impact on his immigration status, finding that a conditional sentence was appropriate for rehabilitation while still achieving denunciation and deterrence.

The defendant, Shem Bent, was found guilty after trial of discharging a firearm with intent to wound, contrary to s. 244(1) of the Criminal Code.

The court determined the firearm was a handgun, triggering a mandatory minimum sentence of 5 years.

The judge considered aggravating factors including the public nature of the offence, the deliberate possession and use of the firearm, and the prevalence of gun crime in the community.

Mitigating factors included the defendant's status as a youthful first offender, his remorse, and the "Duncan credit" for 5 years spent on restrictive bail conditions.

The court rejected the application of "Morris factors" as there was no connection between anti-Black racism and the offence.

A sentence of 5 years and 6 months in jail was imposed, along with a lifetime firearms prohibition, a compulsory DNA order, and a non-communication order with the victims.

The accused, a 20-year-old first-time offender, pleaded guilty to possessing a loaded prohibited firearm.

The court considered the serious nature of the offence, emphasizing denunciation and general deterrence, but also significant mitigating factors including the accused's youth, lack of criminal history, guilty plea, and particularly the "egregious" and "intolerable" conditions endured during 477 days of pre-sentence custody.

Accepting a joint submission, the court sentenced the accused to time served (credited as 30 months) followed by a three-year probation order, a secondary DNA order, forfeiture, and a firearms prohibition.

Dayne Sitladeen was found guilty of manslaughter in the shooting death of Blain Grindley.

The court considered aggravating factors including his extensive criminal record involving violence and firearms, his leadership role in the offence, and his flight to the United States where he continued criminal involvement.

Mitigating factors included some rehabilitative efforts in detention.

The court imposed a sentence of 13 years imprisonment, to be served consecutively to his unexpired U.S. sentence, along with a lifetime firearms prohibition and a DNA order.

The court emphasized denunciation and deterrence for firearm-related offences.

Tremar Thorpe pleaded guilty to possession of a loaded and prohibited firearm.

The offence involved pointing the gun at a victim and making racist remarks.

The court considered aggravating factors, including the nature of the firearm, its loaded and defaced state, its accessibility, and the offender's use of it.

Mitigating factors included the offender's youth, early guilty plea, remorse, strong community support, prosocial goals, and time spent on strict bail conditions.

The Crown sought a 3-4 year penitentiary sentence, while the Defence sought a conditional sentence.

The court emphasized deterrence and denunciation as paramount objectives for gun crimes, ultimately imposing a 28-month penitentiary sentence, reduced to 22 months after credit for pre-trial custody and stringent bail conditions, along with a 10-year firearms prohibition and a DNA order.

This is a sentencing decision for a defendant who pleaded guilty to failing to remain at the scene of an accident causing death.

The defendant struck and killed a pedestrian, then fled the scene, concealed vehicle damage, and lied to avoid detection.

The court considered the principles of denunciation and deterrence, emphasizing the seriousness of the offence and the defendant's reprehensible conduct.

Despite the Crown seeking a nine-month jail sentence, the court imposed a 15-month conditional sentence of imprisonment, including strict house arrest and curfew, citing the defendant's remorse, lack of prior criminal record, and positive pre-sentence report, and noting recent legislative changes (Bill C5) widening the availability of conditional sentences.

Additional penalties included a driving prohibition, firearms prohibition, and DNA order.

Ryan Abraham pleaded guilty to charges including manslaughter, robbery, threatening death, and firearms offences.

The Crown and defence agreed on a 14-year prison sentence but disputed the amount of "Duncan" credit for harsh presentence custody conditions.

The court, considering aggravating factors (victim impact, repeated firearms prohibitions, prior robbery conviction) and mitigating factors (guilty pleas, remorse, willingness to resolve charges, delays), determined a fit sentence.

The primary issue was the qualitative assessment of presentence custody conditions for the "Duncan" credit, with the court ultimately granting 12 months of Duncan credit, leading to a remaining sentence of just over six years after applying both Duncan and Summers credits.

Ali Hilal was found guilty by a jury of sexual assault and sexual interference with his stepdaughter, M.W., from age 9 to 13.

The offences involved multiple incidents, including vaginal intercourse, and occurred over four years, intensifying during pandemic restrictions.

The victim suffered severe long-term emotional and psychological impact, including estrangement from her mother and younger siblings.

The Crown sought 8-10 years imprisonment, while the defence sought 5-7 years, acknowledging ancillary orders.

The court imposed an eight-year term of imprisonment, emphasizing denunciation and deterrence, and ordered various ancillary measures including DNA order, SOIRA registration for 20 years, a 10-year s. 161 order, and a lifetime firearms prohibition.

The appellant, Wojciech Kuleczka, appealed a Justice of the Peace's decision to impose a one-year weapons prohibition and forfeit seized firearms under s. 117.05 of the Criminal Code.

The original decision was based on concerns about the appellant's mental stability, specifically detailed hallucinations he experienced, which led to high-risk police responses.

The appellant argued the Justice unreasonably inferred risk from his mental health history and misapprehended evidence from his doctors.

The Superior Court dismissed the appeal, finding the Justice's conclusion reasonable given the unexplained nature of the hallucinations and the potential for recurrence, which raised legitimate public safety concerns despite the appellant's lack of prior violence or misuse of firearms.

The accused, Nicholas Cox and Erick Silva-Stone, pleaded guilty to unlawful act manslaughter in the death of Christopher Avery Houghton, which occurred during a robbery involving an unloaded firearm and subsequent stabbing.

The court accepted a joint submission on sentence, imposing 12 years custody for Mr. Cox (who had a youth record for similar offences) and 10 years custody for Mr. Silva-Stone (a first-time offender).

The judge considered aggravating factors including the profound impact on the victim's family, the callous nature of the crime, the use of a weapon, and the commission during a robbery.

Mitigating factors included early guilty pleas, sincere expressions of remorse, young age, and efforts towards rehabilitation.

J.D. was found guilty of sexual assault.

The court considered aggravating factors, including abuse of trust, the victim's vulnerability, and the lasting impact on the victim, and mitigating factors such as no prior criminal record, good character, and collateral consequences related to marital breakdown and potential immigration status.

The defence sought a conditional sentence, while the Crown sought 3.5 years custody.

The court rejected a conditional sentence, emphasizing denunciation and general deterrence, and sentenced J.D. to three years' imprisonment, along with a DNA order, a 20-year SOIRA order, a 10-year firearms prohibition, and a no-contact order with the victim.

The offender, A.D., was convicted of two counts of sexual interference involving two 10-year-old students at an elementary school where he worked as a custodian.

The offences involved progressive physical contact, including gyrating, over clothing, and occurred multiple times.

The Crown sought consecutive sentences totaling three years, while the defence proposed a concurrent 90-day sentence.

The court considered aggravating factors such as breach of trust, multiple victims, age difference, and the location of the offences, alongside mitigating factors including the offender's age, poor health, role as caregiver, low risk of reoffending, and expression of regret.

Applying the principles from R. v. Friesen, the court imposed a concurrent sentence of 17 months on each count, along with ancillary orders including DNA, firearms prohibition, SOIRA, and section 161 orders.

Dwight Banton pleaded guilty to possession of a handgun with readily accessible ammunition, breach of a firearms prohibition order, and possession of MDMA for the purpose of trafficking.

The Crown and defence proposed a joint submission for a global sentence of three years imprisonment, less pre-trial custody credit (PTCC).

The court reluctantly accepted the enhanced PTCC calculation of 23 months, leading to a remaining sentence of 13 months imprisonment.

Ancillary orders for a lifetime firearms prohibition and DNA sample were also granted.

This case addresses an application by the Crown, initiated by Constable Erin Corriveau, for a firearms prohibition order and forfeiture against Stephen Clouthier under section 111 of the Criminal Code.

The application stemmed from a period of psychosis experienced by Mr. Clouthier in November 2020, which led to police seizure of his firearms.

The court considered whether it was still undesirable in the interests of safety for Mr. Clouthier to possess firearms at the time of the hearing, given his recovery and lack of violent behaviour.

The court found no evidence of continuing mental instability or irresponsible firearm use and dismissed the application, ordering the return of his firearms.

The appellant, a Canada Border Services Agency officer, appealed a 10-year sentence for conspiring to import cocaine and breach of trust.

The appeal challenged the sentencing range and the judge's consideration of time spent on house arrest and pre-sentence custody.

The Court of Appeal upheld the 10-year sentence but granted credit for pre-sentence custody, reduced a firearms prohibition to 10 years, and set aside a victim surcharge.

This is a sentencing decision for an offender convicted of sexual assault, two counts of common assault, and one count of breach of undertaking.

The court considered the principles of sentencing under section 718 of the Criminal Code, including deterrence, denunciation, and rehabilitation, alongside the offender's subjective circumstances, such as his youth, psychological challenges (ADD/ADHD, learning disability), community service, and stable employment.

The court rejected a conditional sentence due to the seriousness of the sexual assault and the breach of undertaking, which undermined public confidence.

A total sentence of 11 months incarceration was imposed, followed by a two-year probation order, a DNA order, a 10-year SOIRA order, and a 10-year firearms prohibition.

Barjot Minhas pleaded guilty to one count of assault causing bodily harm and one count of aggravated assault after stabbing two individuals at a house party.

The court considered the serious nature of the injuries, the use of a concealed knife, and the multiple instances of violence as aggravating factors.

Mitigating factors included the offender's youth, first-offender status, positive pre-sentence report, remorse, and compliance with bail conditions.

The court also considered the impact of the COVID-19 pandemic on conditions of custody.

Applying sentencing principles of denunciation, deterrence, and rehabilitation, the court imposed a global sentence of 18 months custody followed by 2 years probation, along with ancillary orders.

The offender, H.A., was sentenced for multiple criminal offences, including possession of stolen property, disguise with intent, attempted robbery with an imitation firearm, and robbery with an imitation firearm.

These convictions stemmed from a trial for incidents in Burlington, Brampton, and Mississauga, and guilty pleas for a bank robbery in Sarnia.

The Sarnia offences were committed while the offender was on bail for the earlier charges.

The court considered aggravating factors such as the commission of offences while on bail, planning, the use of imitation firearms, and the impact on victims, including the confinement of bank employees and customers.

Mitigating factors included the offender's youth, lack of prior record, early guilty pleas for the Sarnia charges, and substance abuse issues.

The court applied principles of individual deterrence, rehabilitation, denunciation, and general deterrence, ultimately imposing a global sentence of 4.5 years imprisonment, with credit for presentence custody.

This supplementary ruling on a bail application for Peter Vanderveen finalized the bail conditions and surety arrangements.

Bail was set at $100,000 with no deposit, supported by three sureties.

The conditions included strict residency requirements, restrictions on movement, prohibitions on firearms and ammunition, mandatory attendance at a Bail Compliance Program, geographical limitations to Ontario, no-contact orders with specified individuals, and continuous GPS monitoring by Recovery Science Corporation at the applicant's expense.