gang violence

The appellant, Pierre Aragon, appealed his convictions for aggravated assault, assault with a weapon, possessing a weapon, and uttering a threat, and his indeterminate dangerous offender sentence.

The convictions stemmed from a 2012 beating of Fernando Fernandes, a Loners Motorcycle Club associate, by members of a rival group.

The Court of Appeal dismissed the conviction appeal, finding the recognition evidence and extrinsic discreditable conduct evidence properly admitted.

However, the Court allowed the sentence appeal, concluding that the sentencing judge erred in identifying aggravating factors and failed to provide sufficient reasons for several rulings, including the decision to recall witnesses and the constitutional challenge.

The sentence was set aside, and a new sentencing hearing was ordered before a different judge.

The applicant, charged with conspiracy to commit murder following a gang-related mass shooting, applied for bail under section 522 of the Criminal Code.

The Crown opposed release on the secondary and tertiary grounds.

The court found that while the Crown's case was not overwhelming, it was not weak, and the proposed release plan with family sureties was insufficient to address the significant public safety concerns and the need to maintain public confidence in the administration of justice.

The application was dismissed and detention was ordered.

Two appellants were convicted of murder arising from a shooting in Toronto allegedly motivated by street gang rivalries.

The appellants appealed their convictions on four grounds: (1) the trial judge erred in admitting expert opinion evidence on street gangs from a Toronto Police Service detective; (2) the trial judge erred in admitting handwritten rap lyrics seized from an apartment; (3) the trial judge erred in instructing the jury on eyewitness identification evidence; and (4) the trial judge's conduct gave rise to a reasonable apprehension of bias.

The Court of Appeal dismissed all conviction appeals and the sentence appeal, finding that while the trial judge committed an error in principle regarding expert evidence bias analysis, the evidence was properly admitted.

The court also found the jury instructions on eyewitness identification were adequate and fair, and that the trial judge's conduct, though at times harsh, did not demonstrate bias when viewed contextually.

This is a ruling on committal for three accused charged with a brazen daytime shooting in Regent Park on May 28, 2018, allegedly in retaliation for a shooting in Vanauley Walk the previous day.

The Crown alleges the accused are members of Menace Gang, a junior gang associated with the Project Originals criminal organization.

The accused are charged with numerous offences including possession and discharge of firearms, dangerous driving, and committing these offences for the benefit of a criminal organization.

The court examined party liability under sections 21(1) and 21(2) of the Criminal Code, the admissibility of rap music videos as evidence of criminal organization status, and the distinction between acts that have the effect of benefitting a criminal organization versus acts done for that purpose.

Four accused were convicted of drug trafficking offences committed for the benefit of a criminal organization (the Five Point Generals), conspiracy to traffic controlled substances, and firearms offences following a three-month jury trial based largely on intercepted communications.

The appellants challenged their convictions on five grounds: jury selection procedures, cross-examination limitations of the Crown's expert witness, exclusion of defence expert evidence, admission of extrinsic misconduct evidence, and alleged imbalance in the jury charge.

They also appealed their sentences, primarily challenging the credit awarded for pre-sentence custody.

The Court of Appeal dismissed all conviction appeals and three of four sentence appeals, allowing only Shane Evans' sentence appeal based on inadequate credit for pre-sentence custody.

Three young persons were charged with assault causing bodily harm in respect of the victim MG.

L.D. was additionally charged with assaulting MG with a weapon, assaulting ZG, and assaulting XG with a weapon.

The Crown alleged that the three defendants participated in a swarming attack on MG that resulted in serious injuries including lacerations requiring staples and stitches, and significant bruising.

The defendants argued self-defence under section 34 of the Criminal Code and disputed their involvement.

The court found that the three defendants were guilty of assault causing bodily harm as equal participants in a common enterprise, but acquitted them on the weapon and other assault charges due to insufficient identification evidence.

The appellant, a leader of the Galloway Boyz gang, appealed his convictions for attempted murder and firearms offences arising from a drive-by shooting in April 2004.

The Crown conceded that warrantless wiretap evidence obtained under section 184.4 of the Criminal Code breached the appellant's section 8 Charter rights.

The sole issue was whether the intercepted communications should be excluded under section 24(2) of the Charter.

The motion judge admitted the evidence, finding that exclusion would bring the administration of justice into disrepute.

The Court of Appeal conducted a fresh section 24(2) analysis under the Grant framework and upheld the admission of the evidence, dismissing the appeal.

Three appellants were convicted of first degree murder, attempted murder, and committing those offences for the benefit of a criminal organization arising from a drive-by shooting in Toronto.

The Crown's case relied heavily on testimony from two gang members who testified the appellants confessed to the shooting.

The appellants challenged numerous aspects of the trial including jury selection procedures, joinder of counts, admission of bad character evidence, ballistics evidence, jury instructions on Vetrovec witnesses, and alleged Charter violations.

The Court of Appeal dismissed the appeals of Atkins and Riley but allowed Wisdom's appeal, finding the trial judge erred in admitting evidence of an attempted theft four months after the shooting, which had minimal probative value but significant prejudicial effect.

The Crown sought to admit evidence of a violent rivalry between two criminal groups, the Asian Assassinz and the Chin Pac, to establish motive and intention in a first-degree murder trial.

The respondent, alleged to be associated with the Chin Pac, was charged with the murder of an individual associated with the Asian Assassinz.

The defence opposed the admission of this evidence, citing prejudicial impact and lack of probative value.

The court ruled the evidence admissible, finding its probative value on motive and intention outweighed its prejudicial effect, provided appropriate limiting instructions were given to the jury.

The plaintiff was seriously injured when attacked by a rival gang member in a provincial jail.

The plaintiff sued Ontario and others, alleging that a correctional officer was negligent in placing the plaintiff and the assailant in the same unit despite the jail's policy of separating members of the same gang.

The trial judge found for the plaintiff.

On appeal, Ontario argued that the policy negated any duty of care and that the trial judge erred in applying the standard of care and finding causation.

The Court of Appeal dismissed the appeal, holding that the policy did not negate the common law duty of care, that the correctional officer breached the standard of care by failing to consider inmate incompatibility, and that the negligence caused the plaintiff's injuries.

The Crown applied under s. 521 of the Criminal Code to review a justice of the peace’s order releasing the accused on bail for an attempted murder charge arising from a gang-related shooting.

The Crown argued that detention was required on the secondary and tertiary grounds and that the release decision was clearly inappropriate.

Applying the Supreme Court of Canada’s framework in St‑Cloud governing bail reviews under ss. 520 and 521, the court held that intervention is warranted only for legal error, a clearly inappropriate decision, or material new evidence.

The reviewing judge concluded that the justice of the peace committed no legal error and that the balancing of factors under s. 515(10)(b) and (c) was not clearly inappropriate, particularly given the circumstantial nature of the Crown’s case.

The Crown’s bail review application was dismissed.

The accused applied for judicial interim release.

The court considered the secondary ground under the Criminal Code and concluded detention remained necessary due to risks to public safety and to the accused.

The alleged offences arose in the context of ongoing gang violence and an investigation that remained active with suspects still at large.

The proposed surety, the accused’s grandmother, was found unable to adequately control the accused’s movements or mitigate the risk of violence or interference with the administration of justice.

Bail was denied.

A young person was tried for second degree murder, attempted murder, discharging a firearm with intent to endanger life, careless use of a firearm, and unlawful possession of a firearm following a lobby shooting that resulted in a death and injury.

The accused admitted firing the gun but asserted self‑defence after being struck on the head with a baseball bat during a group attack.

The court found the accused had a reasonable belief of a threat and a defensive purpose, but concluded that firing multiple shots at retreating attackers was objectively unreasonable.

The court held the Crown failed to prove the intent required for murder or attempted murder.

The accused was convicted of manslaughter, aggravated assault, careless use of a firearm, and possession of a firearm without a licence.