Gerard Laarhuis

Sentencing for incest contrary to the Criminal Code arising from repeated sexual activity between a father and his developmentally delayed adult daughter over approximately four months.

The court treated the complainant's cognitive functioning and dependency as making her highly vulnerable, and placed primary emphasis on denunciation, deterrence, separation from society, and rehabilitation.

Aggravating factors included the offender's prior sexual record, repeated misconduct, minimization of responsibility, and the exploitative breach of a parental trust relationship.

A penitentiary sentence at the high end of the applicable range was imposed, together with SOIRA, DNA, weapons prohibition, and non-communication orders.

The accused was convicted of assault with a weapon and breach of probation following a violent attack on her housemate while the victim slept.

The accused struck the victim multiple times with an exercise rope with metal clips, causing significant injuries including head wounds requiring staples and stitches, and facial bruising.

The sentencing decision involved a detailed analysis of Gladue factors, given the accused's Indigenous heritage and traumatic background including childhood apprehension, foster care placement, family violence, and substance abuse issues.

Despite the serious nature of the offence and the accused's prior criminal record involving violence, the court imposed a custodial sentence of 187 days (after pre-sentence custody and bail condition credits) plus 18 months probation, reflecting the weight of Gladue considerations while maintaining proportionality and denunciation principles.

Dillon Gordon Niles pleaded guilty to two home invasion robberies, one involving a knife and the other an imitation handgun, which occurred at a dwelling used for marijuana trafficking.

The court considered aggravating factors, including the use of weapons and the nature of home invasions, balanced against mitigating factors such as the accused's guilty plea, expression of remorse, and impending fatherhood.

The Crown sought a four-year sentence, while the defence proposed 30-36 months.

The court imposed a three-year term of imprisonment, along with a lifetime firearms prohibition and a DNA order, giving credit for pre-sentence custody.

The appellant, Ming Ning Karl Zhao, appealed his convictions for sexual assault, unlawful confinement, and assault.

He raised three grounds: reasonable apprehension of bias by the trial judge, misapprehension of evidence regarding the complainant's psychological state, and an unreasonable verdict for unlawful confinement.

The appellate court dismissed all grounds, finding that while the trial judge's comments were at times inappropriate, they did not demonstrate bias.

The court also concluded there was no material misapprehension of evidence and that the evidence supported the unlawful confinement conviction.

The accused, a parish priest and high school chaplain, was charged with sexual assault and sexual touching involving a 16‑year‑old student.

The complainant alleged that during an overnight visit at a rectory the accused entered his room and sexually touched him and forced contact with the accused’s genitalia.

Applying the credibility framework from W(D), the court rejected the accused’s denial, accepted the complainant’s testimony, and relied on corroborative circumstantial evidence including parental evidence about the overnight visit.

The court held that the complainant was a young person dealing with a figure of authority and that delay in reporting and lack of verbal resistance could not ground an adverse inference.

The court found the accused abused a position of trust and authority and proved the offences beyond a reasonable doubt.