Leonard Moses Shore

This is a preliminary inquiry decision concerning the first-degree murder of Dady Junior Jean on November 4, 2015.

Four defendants were charged: Dominique P. Chrétien, Johnnie-Dean Locey-Derochie, Candy L. Locey, and Todd S. Turner.

The Crown sought committal of all four on first-degree murder.

The court examined whether there was sufficient evidence to commit each defendant to trial on first-degree murder, considering the elements of planning and deliberation.

The court found that the cumulative circumstantial evidence, including motive, opportunity, communications, procurement of a firearm, and coordinated actions, supported reasonable inferences that all four defendants knew of and participated in a planned and deliberate murder.

All four defendants were committed to trial on first-degree murder.

The Crown brought an application under section 540(7) of the Criminal Code to admit a videotaped police interview with a witness who subsequently died.

The witness had been interviewed regarding his role as a taxi driver transporting individuals allegedly involved in a first-degree murder.

The court declined to admit the statement, finding it did not meet the threshold of being credible or trustworthy, and exercising its discretion to refuse admission given that the declarant would be unavailable for cross-examination at trial and the evidence would therefore be inadmissible at trial unless it met the principled hearsay exception standard.

At a preliminary inquiry, two accused were jointly charged with weapons offences, possession of proceeds of crime, and possession of cannabis for trafficking purposes.

The Crown withdrew charges for trafficking and proceeds of crime.

The accused Lacroix conceded sufficient evidence for committal on remaining charges.

The accused Adatia challenged committal on all charges except possession of 26.3 grams of marijuana found in plain view.

The court found that circumstantial evidence regarding a firearm and brass knuckles found in a bedroom drawer and closet was insufficient to establish knowledge and control by Adatia.

The court held that mere proximity of her passport to the firearm did not reasonably support an inference of knowledge or control.

Adatia was committed only on the plain view marijuana possession charge.

The appellants applied under Rule 62 of the Rules of the Supreme Court of Canada to review the Registrar's taxation of costs, which had been awarded to the respondent on a solicitor and client basis.

The appellants argued the Registrar erred in principle by deferring to counsel's estimate of preparation time rather than applying the proper factors.

The Court dismissed the application, finding that the Registrar had properly considered the relevant factors and that the total time allowed, while seemingly high, was not clearly wrong or the result of an error in principle.