Marie Henein

A pharmacist who owned and operated a pharmacy pleaded guilty to breach of trust contrary to the Criminal Code.

He admitted to submitting billings to the Ontario Drug Benefits Program for medications without proof of dispensation, receiving benefits knowing the claims could not be substantiated.

The audit revealed discrepancies in drug quantities billed versus purchased, with unsubstantiated claims totalling $155,466, though actual loss recovered was $46,506.04.

The defendant faced suspension of billing privileges and termination of his subscription agreement.

The court imposed a suspended sentence with 12 months probation and specific conditions, considering the defendant's exemplary personal antecedents, community contributions, full restitution, genuine remorse, and the aberrant nature of the conduct.

The defendant pleaded guilty to possession of child pornography following a major police investigation into international child pornography distribution.

The defendant's collection comprised over 100,000 photographs and 1,900 movies of child pornography across multiple devices.

The court imposed a sentence of 15 months in custody, with a strong recommendation for placement at the Ontario Correctional Institute in Brampton to facilitate continued treatment.

The defendant was placed on probation for three years with extensive conditions, including restrictions on internet and electronic device access, prohibition from seeking employment involving children, DNA registration, and firearm prohibition.

Following a jury conviction for possession of heroin for the purpose of trafficking, a document was discovered in the jury room containing excerpts from an online article criticizing a high-profile acquittal and model jury instructions from the Canadian Judicial Council.

The accused sought a mistrial or stay of proceedings, alleging juror misconduct and a violation of their Charter rights after it appeared that at least one juror had consulted external legal materials contrary to the trial judge’s instructions.

The court held it lacked jurisdiction to grant a mistrial or stay after the jury had been discharged, as the trial judge was functus officio except in narrow circumstances not present here.

However, relying on appellate authority recognizing the ability to create an evidentiary record for appeal, the court concluded it retained jurisdiction to conduct a limited post-verdict inquiry into extrinsic influences affecting the jury.

Because the document suggested independent legal research and potential dissemination among jurors, an inquiry was ordered while preserving the jury secrecy rule.