Matthew McLean

The applicant sought to vary a forfeiture order made by consent on July 28, 2023, requesting the return of replica firearms, deactivated firearms, and an antique revolver, and seeking permission for a licensed gunsmith to examine seized property.

The applicant claimed material change in circumstances based on alleged mistakes by police in cataloging firearms.

The court dismissed the application, finding that the Superior Court of Justice lacked jurisdiction to hear the matter as it constituted an attempt to re-launch a previously disposed appeal of a consent order.

The court emphasized the principle of finality and found no compelling case of miscarriage of justice warranting reopening.

The court granted a stay of proceedings in a prosecution for historical sexual assault and physical assault, finding multiple and egregious breaches of the accused’s rights under section 7 of the Charter.

The breaches included lack of jurisdiction by military police, bias and improper involvement in family law proceedings, failure to preserve and disclose evidence, and destruction of relevant evidence.

The court found that the cumulative effect of these breaches undermined the integrity of the justice system and that no remedy short of a stay would suffice.

Following a judge-alone criminal trial subject to a publication ban, the court convicted the accused of sexual assault and sexual touching of his child.

The court admitted the complainant's videotaped police statement under s. 715.1(1) of the Criminal Code, addressed delayed and incremental disclosure principles, and applied the W. (D.) framework to the accused's denials.

The trial judge found the accused's evidence contrived and unbelievable, and found the complainant to be credible, compelling, and reliable despite inconsistencies on collateral details.

The Crown proved both offences beyond a reasonable doubt.