Christopher Hanson

The applicant, an Indigenous man charged with serious firearms and drug trafficking offences, sought a bail review on the sole ground that the Justice of the Peace failed to give due weight to Gladue considerations under s. 493.2 of the Criminal Code.

The Superior Court of Justice reviewed the application of Gladue principles at the bail stage, noting that while judicial notice must be taken of systemic factors, the accused should provide case-specific information bearing on release.

The court found the Justice of the Peace had properly considered the applicant's unique circumstances and dismissed the application for lack of jurisdiction to review.

Criminal trial arising from the negotiation of two forged Bank of Montreal bank drafts at Ontario casinos.

The Crown relied primarily on circumstantial evidence, including the timing of the theft and forging of the drafts, the accused's immediate communications with casino staff, and the implausibility of the accused's explanation that the drafts were partial repayment of gambling loans from an acquaintance known only by a first name.

The court applied the doctrine of recent possession and found the accused's police statement to be a deliberate fabrication capable of supporting an inference of consciousness of guilt.

The Crown proved the mental elements of fraud and uttering forged documents beyond a reasonable doubt, and convictions were entered on all four counts.