Mary Dale Bird

The accused was convicted of assault under s. 266 of the Criminal Code after violently attacking a witness in a bathroom at a public event.

The evidence showed the accused targeted the victim because the victim had previously provided information to police about a mutual acquaintance, though the court found the Crown had not proven the intent required for the separate offence of intimidation of a justice system participant under s. 423.1.

The sentencing judge considered aggravating factors including the victim’s status as a justice system participant and the unprovoked nature of the assault, as well as mitigating factors such as the accused’s lack of criminal record, employment stability, strict compliance with lengthy bail conditions, and strong community support.

Applying the principles of denunciation and deterrence while considering proportionality and restraint under s. 718.2, the court concluded that incarceration was unnecessary.

A suspended sentence with probation and a fine was imposed.

The appellant, a holder of an Ontario commercial fishing license, was convicted after trial of two counts of unlawfully failing to comply with a condition of the license by overfishing.

He was sentenced to fines totalling $4,000 and a ten-year prohibition from participating in commercial fishing activities.

On appeal, the appellant challenged the convictions on multiple grounds, including that he was not the operating mind of the business, that there was a breach of section 7 of the Charter and an abuse of process, that the trial court conducted the trial unfairly and with bias, and that crown counsel behaved improperly.

The appellant also appealed the sentence as harsh and excessive.

The appeal court dismissed all grounds of appeal and upheld both the convictions and the sentence.