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Accused found guilty of sexual assault and interference after court accepts child's recovered memories with corroboration.
The accused was charged with sexual assault and sexual interference relating to his former partner's niece, who was between four and seven years old at the time.
The complainant's evidence included recovered memories and she had been exposed to psychedelic drugs as a child.
The accused testified and denied the allegations.
Applying the W.(D.) framework, the court rejected the accused's evidence and found the complainant credible.
Due to concerns about recovered memories and psychedelic exposure, the court sought confirmatory evidence, which it found in the brother's testimony about the accused's diaper fetish.
The court was satisfied beyond a reasonable doubt that the accused had the complainant sit on his face and pee into a diaper, constituting both offences.
Appeal of CVOR cancellation withdrawn following settlement between the parties.
The appellant towing company appealed a Cancellation and Seizure Order issued by the Registrar of Motor Vehicles, which cancelled its Commercial Vehicle Operator Registration certificate and seized its commercial vehicle plates.
At the outset of the hearing, the parties settled all outstanding issues and the appellant withdrew its appeal.
The Tribunal closed the file.
CVOR certificates cancelled due to chronic non-compliance, poor safety records, and multiple fatal collisions.
The appellants appealed a Notice of Cancellation and Seizure issued by the Registrar of Motor Vehicles proposing to cancel their Commercial Vehicle Operator Registration (CVOR) certificates.
The Registrar's proposal was based on the appellants' poor safety records, which included multiple interventions, high violation rates, and four fatal collisions involving their drivers.
The Tribunal found that the two appellant companies were operating as a single entity under two CVOR certificates, undermining the monitoring system.
Despite recent improvements following the retention of a safety consultant, the Tribunal concluded that the appellants' long history of chronic non-compliance and failure to implement safety measures until threatened with cancellation provided reason to believe they would not operate commercial vehicles safely.
The appeal was dismissed, and the Registrar was directed to carry out the cancellation and seizure.
Evidence of firearm and drugs excluded due to arbitrary detention, unlawful arrest, and right to counsel violations.
The accused was stopped by police in a residential building stairwell while they were investigating drug and gun activity.
The police detained and arrested the accused for possession of marijuana based on an alleged smell of marijuana and an alleged spontaneous admission.
A subsequent warrantless search revealed a loaded firearm, crack cocaine, powder cocaine, marijuana, and cash.
The court found the police lacked reasonable grounds for the detention and arrest, rejecting the officers' evidence regarding the smell of marijuana.
The court found multiple Charter violations, including arbitrary detention (s. 9), unreasonable search (s. 8), and failure to provide prompt rights to counsel (s. 10).
Applying the Grant framework under s. 24(2), the court excluded the evidence due to the serious and cumulative nature of the police misconduct.
The accused was acquitted of all charges.
