Karen Lau Po Hung

An application was brought by eight young persons to vary a previous court order to explicitly prevent media from disseminating their identifying information, including through private social media messages, in relation to charges of second-degree murder.

The court found that a reporter's actions of contacting individuals on social media and disclosing a young person's name and charges contravened the spirit of the Youth Criminal Justice Act's publication ban under section 110, even if not an intentional breach of the specific prior order.

The court clarified that "publication" under the YCJA includes indiscriminate communication on social media that risks making information known to the general public.

A group of media organizations applied under section 119 of the Youth Criminal Justice Act for access to the unredacted youth criminal court records of eight young persons charged with second degree murder.

The Crown and the young persons opposed the application, citing the young persons' heightened privacy interests and fair trial rights.

The court found that while the media had a valid interest in the records, granting access to the entire unredacted file at this early stage was not desirable in the interest of the proper administration of justice due to the risk of irreversible harm from inadvertent dissemination of private information.

The court granted partial access to redacted records, including the charging informations and bail release orders, with identifying information removed.

Sentencing decision following jury convictions for human trafficking, material benefit, procuring, advertising sexual services, child pornography offences, and sexual assault arising from the sexual exploitation of a vulnerable young complainant.

The court emphasized denunciation and deterrence under ss. 718 and 718.01 of the Criminal Code, while also weighing harsh pretrial custody conditions, lengthy lockdowns, pandemic conditions, house-arrest bail, remorse, rehabilitation prospects, and possible deportation as mitigating factors.

Applying the principles governing credit for presentence custody and harsh conditions of confinement, the court reduced the fit global sentence from nine years to eight years.

After 36 months' credit, the respondent was required to serve a further five years, with ancillary DNA, weapons, no-contact, and SOIRA orders.

During a trial for first-degree murder, the Crown applied to admit a photograph of the deceased victim in the vehicle.

The defence objected on the basis that the photograph was inflammatory and lacked probative value.

The court ruled the photograph was of little to no probative value and excluded it, instead permitting the Crown to use leading questions to establish the non-contentious facts regarding the victim's position and gunshot wounds.

The applicants, charged with first-degree murder and attempted murder in a drive-by shooting, sought to limit the proposed testimony of the lead police investigator regarding video surveillance.

The Crown intended to have the officer testify that he identified the suspect vehicle following the victims' vehicle on the video.

Applying the principles from Walizadah, the court ruled that the officer could not testify that the vehicles on the video were similar or consistent with the vehicles involved in the shooting.

The officer was permitted only to place the videos in context regarding time and location and direct the jury's attention to specific times and vehicles, leaving the ultimate finding of fact to the jury.