S. Baidwan

The accused was charged with operating a motor vehicle with a blood alcohol concentration over the permissible limit.

At trial, the accused brought a Charter application alleging that the police lacked reasonable suspicion for the roadside screening demand, failed to properly advise him of his right to counsel, and failed to take breath samples 'as soon as practicable'.

The court dismissed the Charter application, finding the police evidence credible and the delays reasonable.

The court also noted the lack of audio and video recording of the police interaction, urging police services to adopt such technology.

The accused was found guilty.

This was a summary conviction sentence appeal arising from a child luring conviction under s. 172.1 of the Criminal Code based on communications with an undercover officer posing as a 14-year-old girl.

The appeal court held that the sentencing judge erred in principle by applying an indictable sentencing range in a case prosecuted summarily, and by treating the absence of a risk assessment report as an aggravating factor.

The court rejected the submission that the offence was victimless merely because no actual child existed, emphasizing the community harm inherent in online child luring.

After reassessing the aggravating and mitigating factors and reviewing comparable authorities, the court reduced the custodial sentence from 12 months to 8 months.

The offender was convicted by a jury of uttering a threat and assaulting his wife during an argument.

The assault consisted of a single slap to the face with no lasting physical harm.

The offender had no prior criminal record, had completed anger management and parenting programs prior to trial, and had already served 4 days in pre-sentence custody.

The court found that a conditional discharge was in the best interests of the offender and not contrary to the public interest.

The offender was granted a conditional discharge with 2 years of probation and a 5-year weapons prohibition.

A DNA order was declined.