5 total
A 12-month sentence was imposed for cocaine trafficking, reduced due to the totality principle.
The accused pleaded guilty to trafficking in cocaine (55.29 grams) and failure to comply with a release order.
The Crown sought two years imprisonment while defence counsel sought six months less one day.
The court imposed a 12-month custodial sentence, considering the seriousness of cocaine trafficking, the offender's status as a mid-level trafficker motivated by financial gain, and significant mitigating factors including the offender's youth, genuine remorse, strong family support, reasonable prospects for rehabilitation, and social context evidence regarding systemic discrimination affecting the offender as a Black man.
The sentence was reduced from a proportionate 24 months due to the offender's existing significant penitentiary sentence and the mitigating circumstances presented.
The offender was sentenced to 18 months in custody for the sexual assault of a youth.
I.P.W. was found guilty on two counts involving his stepdaughter, A.H.: touching a person under 16 for a sexual purpose (s. 151 CCC) and sexual assault (s. 271 CCC), occurring between 2010 and 2014 when A.H. was 10-14 years old.
The incidents included various forms of inappropriate touching.
The court considered I.P.W.'s personal circumstances, a psychological report assessing him as a low risk to reoffend (though he denied wrongdoing), and a victim impact statement from A.H. The Crown sought a sentence of 1 to 4 years, while the defence proposed 8 to 12 months.
Applying the Kienapple principle, the s. 151 CCC count was stayed, and I.P.W. was sentenced to 18 months in custody for sexual assault.
Reasonable doubt on credibility led to acquittal on all sexual assault counts.
The accused was tried on five counts of sexual assault arising from alleged non-consensual vaginal and anal intercourse with his common law partner during their cohabitation.
Applying the W.D. framework, the court found the case turned on credibility and reliability in a classic conflicting-testimony record.
The court identified significant inconsistencies and omissions in the complainant's prior reporting, including an earlier sworn denial of sexual assault, silence in family-law and child-related proceedings, and contradictory collateral evidence from multiple defence witnesses.
The Crown failed to prove guilt beyond a reasonable doubt, and all five counts were dismissed.
Child complainant’s evidence proved both sexual offences beyond a reasonable doubt.
The accused was tried on an indictment alleging sexual touching and sexual assault of a child complainant over a multi-year period within a family home setting.
The court applied the W.D. framework and the child-witness credibility principles cautioning against the use of adult standards in assessing a young complainant's evidence.
The defence relied on denial, alleged inconsistencies, innocent explanations for some touching, and a theory of recent fabrication arising from family conflict.
The court rejected those positions, accepted the complainant's sequential disclosures and key incidents as reliable, and found the evidence proved both counts beyond a reasonable doubt.
Stay denied; nearly two‑year delay in complex child‑pornography case not unreasonable.
The accused brought a pre‑trial application seeking a stay of proceedings under s. 24(1) of the Charter alleging breach of the right to trial within a reasonable time under s. 11(b).
The case involved numerous sexual offences and child pornography charges and required extensive forensic analysis of electronic devices and categorization of thousands of images and videos.
Applying the analytical framework from Morin, the court assessed the overall delay, waiver, reasons for delay, institutional delay, and prejudice to the accused.
While the total delay approached two years, the court found much of the delay attributable to the inherent complexity of the case and investigative requirements, with only a short period attributable to the Crown.
The court concluded there was no significant prejudice and that the delay was not unreasonable in the circumstances.