Lynn Robinson

The applicant, convicted of sexual interference involving his 14-year-old stepdaughter, challenged the 45-day mandatory minimum sentence under s. 12 of the Canadian Charter of Rights and Freedoms, arguing it was grossly disproportionate.

The court considered the gravity of the offence, mitigating factors including the applicant's Indigenous status and community recommendations for restorative justice, and aggravating factors such as the breach of trust.

The court found the appropriate sentence for the applicant was 90 days intermittent imprisonment.

The constitutional challenge to the 45-day mandatory minimum was dismissed, as the court found it was not grossly disproportionate, even when considering reasonable hypotheticals.

The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.

The defence brought an application alleging breaches of the accused's Charter rights under sections 8 and 10(b).

The court found that the officer lacked reasonable suspicion to demand an approved screening device test, constituting a violation of section 8.

Additionally, the court found a breach of section 10(b) rights to counsel, as the accused clearly expressed dissatisfaction with duty counsel but the officers failed to provide a meaningful opportunity to consult with alternative counsel.

Under section 24(2) analysis, the court excluded the breath test evidence due to the seriousness of the police conduct, the significant impact on the accused's Charter-protected interests, and the minimal nature of the offence.

The charge was dismissed.

The accused pleaded guilty to theft over involving the theft of thirty-two Blackberry Smart Phones valued at approximately $14,368 from his employer, Research in Motion, over a seven-month period.

The accused, a 48-year-old first-time offender with no criminal record, was employed in a position of trust at RIM and sold the phones to a hairstylist for $2,000.

The court imposed a conditional discharge with 18 months probation, including community service and restitution, finding that despite the breach of trust, the offender's personal circumstances, genuine remorse, rehabilitation efforts, and positive antecedents warranted a discharge rather than custody.