K. Rogozinski

The young person was serving the community supervision portion of a youth sentence for manslaughter when he was arrested and charged with trafficking heroin and possession of cocaine for the purpose of trafficking.

His conditional supervision order was suspended, and the matter was referred to the youth justice court under s. 108 of the YCJA.

The court reviewed the suspension under s. 109 of the YCJA.

Acknowledging the young person's progress in education and employment, but emphasizing the seriousness of the deliberate and repeated breaches involving drug trafficking, the court ordered the suspension of the conditional supervision to be continued for four months, after which the young person may be released on the original conditions.

Youth sentencing decision following convictions for manslaughter, aggravated assault, careless use of a firearm, and possession of a firearm without a licence arising from a shooting in an apartment building lobby.

The young person fired a handgun at individuals who had just assaulted him with a baseball bat, killing one person and grazing another while they fled.

The court considered significant mitigating factors including elements of self-defence and provocation, cognitive developmental delays affecting decision-making, remorse, and substantial rehabilitative progress during lengthy pre‑trial custody.

Applying the principles of proportionality and least restrictive sanction under the Youth Criminal Justice Act, and accounting for 22 months of pre‑trial custody, the court imposed a 2.5‑year custody and supervision order with one day of custody and the balance under community supervision.

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.

The accused was charged with indecent assault contrary to s. 156 of the Criminal Code for alleged sexual acts against a child occurring between 1973 and 1976.

The complainant testified that, when he was between five and seven years old, the accused forced him to perform oral sex on several occasions in the accused’s home.

The accused denied the allegations.

The court assessed the credibility and reliability of the witnesses, noting the significant passage of time and inconsistencies in the complainant’s recollection, including concerns about opportunity and inaccuracies regarding physical details.

The court concluded that, although it could not fully accept the accused’s denial, the Crown failed to prove the offence beyond a reasonable doubt.

The accused was tried on a seven-count indictment including assault causing bodily harm, aggravated assault by wounding, uttering a death threat, forcible confinement, possession of cocaine for the purpose of trafficking, simple possession, and possession of proceeds of crime.

The court accepted the complainant’s evidence that the accused violently assaulted him during a gathering after a dispute over a drug-related debt, including slapping, punching, and stabbing him with a knife, causing injuries including a puncture wound requiring stitches.

The court rejected defence evidence that the violence was consensual “rough-housing” and found the complainant credible and corroborated by physical evidence and witnesses.

Circumstantial and direct evidence also established that the accused was engaged in commercial cocaine trafficking and that $24,000 seized from him constituted proceeds of that trafficking.

The accused was acquitted of uttering threats and forcible confinement, but convicted of assault causing bodily harm, aggravated assault by wounding, possession of cocaine for the purpose of trafficking, and possession of proceeds of crime.