2 total
Caregiver convicted of theft for a withdrawal made on the day her client died.
The defendant, a caregiver, was charged with theft and forgery related to an elderly veteran's finances and a vehicle purchase.
The Crown alleged a pattern of ATM withdrawals from the complainant's account matching deposits into the defendant's, and a falsified vehicle purchase agreement.
The court found the defendant guilty of theft for a specific withdrawal made on the day the complainant died, as posthumous consent was impossible.
However, the court found reasonable doubt regarding consent for prior withdrawals.
For the forgery charge, the court found the incorrect address on the vehicle contract was not a "material particular" and that the Crown failed to prove intent to induce action, leading to an acquittal on that count.
The defendant's application for a stay of proceedings due to unreasonable delay was dismissed because the net delay fell below the 30-month ceiling.
The defendant, Chad Valiquette, applied under sections 11(b) and 24(1) of the Charter of Rights and Freedoms to stay charges of assault and sexual assault due to unreasonable delay.
The court analyzed the total delay of 1331 days against the 30-month Jordan ceiling, deducting periods attributed to defence actions (awaiting an appeal decision, Legal Aid issues) and exceptional circumstances (threat to counsel, COVID-19 court suspensions).
The court found that after deductions, the remaining delay was 27.99 months, which is below the Jordan ceiling.
Consequently, the application for a stay of proceedings was dismissed.
