L. Marcon

The appellant appealed his summary convictions for impaired driving, 'over 80', and dangerous driving.

He argued that the trial judge erred in her findings regarding identity and alleged violations of his rights under sections 8, 9, and 10(b) of the Charter.

The Superior Court of Justice found that the trial judge's findings of fact were supported by the evidence and entitled to deference.

The appeal was dismissed as the appellant failed to demonstrate that the verdicts were unreasonable or the product of a material misapprehension of evidence.

The Crown applied under s. 489 and s. 490(9.1) of the Criminal Code for the continued detention of items seized from the respondents during a complex murder investigation.

While proceedings against one respondent were previously discontinued, the police continued to investigate the other respondent for murder.

The court ordered the return of several items with no evidentiary value.

However, the court granted the continued detention of the remaining items, finding they might reasonably be required for the ongoing investigation and that their detention was in the interests of justice despite delays in forensic analysis.