Anthony DeMarco

The offender, an Indigenous man, was convicted of sexual assault and choking.

At sentencing, he challenged the constitutionality of s. 742.1(f)(iii) of the Criminal Code, which prohibited conditional sentences for sexual assault.

The court found the provision violated ss. 7 and 15 of the Charter and was not saved by s. 1, declaring it of no force and effect.

Applying Gladue principles, the court considered the offender's severe childhood trauma, intergenerational trauma, and alcoholism, which reduced his moral blameworthiness.

The court imposed a blended sentence of a 2-year less a day conditional sentence for the sexual assault and a concurrent 90-day intermittent jail sentence for the choking.

The accused were charged with possession of narcotics for the purpose of trafficking, possession of proceeds of crime, and money laundering following the execution of search warrants at two condominiums.

The Crown relied on circumstantial evidence to prove constructive possession of large quantities of cocaine, marijuana, oxycodone, and psilocybin, as well as significant amounts of cash.

The court found that the circumstantial evidence, including keys, documents, and debt lists, overwhelmingly established that both accused were in possession of the narcotics and that the cash was derived from trafficking.

Both accused were found guilty on all counts.

The accused, charged with drug trafficking offences, brought applications to exclude evidence under s. 24(2) of the Charter, alleging violations of their rights under ss. 8, 9, and 10(b).

The police obtained search warrants for a condominium and a vehicle based on information from a confidential informant.

Prior to executing the warrants, police discovered the accused's vehicle at a different condominium, arrested him, and made a warrantless exigent entry into the unit to prevent the destruction of evidence.

The court found the initial warrants were validly issued and that the exigent entry was lawful under s. 11(7) of the Controlled Drugs and Substances Act.

The court also dismissed challenges to a strip search and an alleged delay in facilitating the right to counsel.

The applications were dismissed.

The offender, suffering from untreated schizophrenia, attacked a police officer from behind with a sledge hammer in a police station lobby, attempting 'suicide by cop'.

He was convicted of assault causing bodily harm and weapons offences.

The court weighed the severe psychological impact on the victim and the unprovoked nature of the attack against the offender's mental illness and remorse.

The court sentenced the offender to 18 months in custody, in addition to 45 months of pre-sentence custody credit, followed by three years of probation with strict treatment conditions.