Malcolm McRae

The Crown applied for an order requiring the offender to be assessed by a psychiatrist to determine whether he should be declared a dangerous offender or long-term offender following his conviction for human trafficking, exercising control over persons, receiving material benefit from trafficking, withholding passports, and obstructing justice.

The court found that the offence of human trafficking constituted a serious personal injury offence and that there were reasonable grounds to believe the offender might be found to be a dangerous offender based on a pattern of repetitive sexual exploitation of female victims.

The court ordered a psychiatric assessment.

The defendant pleaded guilty to aggravated assault and breach of probation.

The assault occurred at a men's shelter where the defendant, aged 25, delivered 11 forceful punches to the head of a 54-year-old victim, followed by a kick to the prone victim's body.

The victim sustained multiple fractures to the nasal bones, sinus walls, and ribs, along with ongoing psychological trauma.

The defendant had a significant criminal history including three prior assault-with-weapon convictions and an extensive psychiatric history involving substance abuse, homelessness, and prior hospitalization.

The court imposed a sentence of 20 months' imprisonment with enhanced credit for pre-trial custody, resulting in 10 months to be served, followed by three years' probation with strict conditions.

The court determined whether the offence of human trafficking, as committed by the accused against two young women, constitutes a serious personal injury offence (SPIO) under section 752 of the Criminal Code.

The accused was convicted of exercising control over the victims, trafficking in persons, receiving material benefit from trafficking, withholding passports, and obstructing justice.

The court found that the trafficking offence met the SPIO definition through implied threats of violence and severe psychological harm, though the court declined to find that human trafficking inherently constitutes an SPIO in all cases.

The defendant brought a Charter application challenging the admissibility of his inculpatory statement to police.

The defendant alleged that police failed to facilitate his contact with counsel of choice, thereby breaching section 10(b) of the Canadian Charter of Rights and Freedoms.

The defendant suffered from Fetal Alcohol Syndrome and had a developmental age of 12 to 13 years.

Despite being informed of these significant vulnerabilities by the defendant's Children's Aid Society worker, police proceeded with routine arrest procedures without accommodating the defendant's special needs.

The court found that police willfully disregarded the defendant's disabilities and failed to ensure meaningful contact with counsel of choice.

The court granted the application and excluded the defendant's statement from evidence pursuant to section 24(2) of the Charter.