Lalonde

The offender was convicted of sexually assaulting a semi-conscious acquaintance after a party where both consumed alcohol and marijuana.

The Crown sought a sentence of two years less a day, while the defence proposed 12 to 18 months.

The court weighed the devastating psychological impact on the vulnerable victim against the offender's lack of a criminal record, positive pre-sentence report, and genuine remorse.

Concluding that denunciation and deterrence required a period of custody, the court sentenced the offender to 12 months' incarceration followed by two years of probation, along with mandatory DNA and weapons prohibition orders.

The accused was charged with dangerous driving causing death and failing to remain at the scene of an accident after striking a pedestrian who had been acting erratically in front of his vehicle.

The trial judge held a hearing to determine whether there was an "air of reality" to the accused's claims of self-defence and defence of property under the amended provisions of the Criminal Code.

The court found no evidence that the accused reasonably believed force was being used or threatened against him, nor that his actions in rapidly accelerating his vehicle were reasonable in the circumstances.

Consequently, the court ruled that neither defence had an air of reality and could not be put to the trier of fact.

The accused was charged with possession of crack cocaine and marijuana for the purpose of trafficking, and possession of proceeds of crime.

Police executed a search warrant at his apartment after observing short visits indicative of drug trafficking, finding drugs and cash.

The accused testified that the marijuana was for his personal use and that the crack cocaine belonged to his roommate, an exotic dancer who was a cocaine addict.

Applying the W. (D.) framework, the court found the accused's testimony plausible and noted shortcomings in the police investigation, including the failure to call the roommate as a witness.

The court acquitted the accused of the trafficking and proceeds of crime charges, but found him guilty of the lesser included offence of simple possession of marijuana based on his own admission.

The applicant child protection agency sought a 12-month supervision order regarding five children, placing them in the care of the father subject to conditions.

The mother, who suffered from a psychotic condition, refused to take prescribed medication or attend psychiatric follow-ups, arguing her symptoms were due to past postpartum depression.

The court accepted expert psychiatric evidence that the mother's untreated psychosis posed a risk of physical and emotional harm to the children.

Finding the children in need of protection, the court granted the supervision order and required the mother to leave the family home if she continued to refuse treatment.