L. Ellins

The Crown applied to remove defence counsel for a young person charged with second degree murder, alleging a conflict of interest because counsel also represented a Crown witness on unrelated charges.

The witness had given a confusing police statement suggesting the accused might be involved, but later testified at the preliminary hearing that he had no direct communication with the accused.

Both the accused and the witness provided informed waivers consenting to the representation.

The court dismissed the application, finding no realistic risk of adversity in interest and noting that independent counsel could cross-examine the witness if necessary.

The applicant, a mortgage broker charged with multiple counts of sexual assault and fraud, brought a pre-trial motion seeking the production of third-party financial and police records relating to the complainants and other witnesses.

The court applied the framework under sections 278.1 to 278.9 of the Criminal Code.

The court found that while some financial records were likely relevant to the fraud allegations and the narrative of the transactions, the applicant failed to establish the likely relevance of personal banking records and police occurrence reports.

The court ordered the production of specific records that met the threshold and denied the remainder.

The appellant appealed his conviction for impaired driving while operating an e-bike.

He argued that the trial judge erred in law by concluding that the undisputed facts—including erratic driving, swaying, red eyes, and an odour of alcohol—amounted to impairment.

He also argued the trial judge misapplied the circumstantial evidence test and improperly discounted the lack of impairment indicia at the police station.

The Summary Conviction Appeal Court dismissed the appeal, finding that the trial judge properly applied the legal test for impairment and reasonably concluded that the totality of the evidence proved impairment beyond a reasonable doubt.