P.J. Craniotis

The Crown sought a pre-trial ruling on the admissibility of uncharged discreditable conduct evidence against the accused, A.N., who is charged with second-degree murder.

The evidence included A.N. selling marihuana to J.W. (the co-accused who testified for the Crown) on the days leading up to the homicide, and A.N.'s alleged participation in an earlier knifepoint robbery with J.W. The court ruled that evidence of marihuana sales was admissible as part of the narrative to explain the relationship and J.W.'s possession of the knife.

However, the court found the evidence of the earlier knifepoint robbery inadmissible, concluding its probative value was outweighed by its significant moral and reasoning prejudice, as it was not essential to the narrative and, if anything, tended to support the defence's position regarding mens rea.

An accused was charged with importing more than 2.5 kg of heroin into Canada contrary to the Controlled Drugs and Substances Act.

The Crown's case relied entirely on the doctrine of willful blindness.

The accused testified that he had opened the suitcase out of curiosity and to reassure himself, but had not suspected it contained contraband.

The court found the accused's testimony credible and was not persuaded that he harbored suspicions of smuggling when he first opened the suitcase.

The court acquitted the accused.

The applicant, charged with importing heroin, brought a s. 11(b) Charter application alleging unreasonable delay.

The total delay was 28 months, which exceeded the presumptive ceiling.

The court analyzed periods of defence delay and discrete events, including a judge's medical issue, a witness's family tragedy, and defence counsel's appointment to the bench.

The court held that the defence bears the evidentiary burden for defence delay and that intervening discrete events do not reduce defence delay unless they tangibly impact the case.

After deducting defence delay and discrete events, the remaining delay was 12 months.

The court found this remaining delay was not unreasonable and dismissed the application.