Matthew Raymond Caputo

The applicant, charged with first-degree murder, brought a motion to be allowed to sit at counsel table during his trial instead of in the prisoner's dock.

He argued that sitting in the dock undermines the presumption of innocence and fair trial rights, citing the Guy Paul Morin inquiry report and potential prejudice as an Indigenous person.

The Crown argued for the customary placement in the dock for visibility and jury observation, suggesting a jury instruction could mitigate prejudice.

The court, balancing fair trial rights, communication needs, and the absence of security concerns, granted the application, allowing the accused to sit at counsel table.

The offender, Joshua Gauthier, was convicted of aggravated assault.

At the sentencing hearing, the court dismissed his application to enter a conviction for assault causing bodily harm instead of aggravated assault, affirming that the injuries sustained by the victim constituted "wounding" under the Criminal Code.

The court then imposed a 12-month conditional sentence followed by 24 months of probation, along with a DNA order and a 10-year firearms prohibition.

The decision balanced aggravating factors, such as the unprovoked violence in a recreational setting, with significant mitigating factors, including the offender's lack of criminal record, genuine remorse, and strong community and family support.

General deterrence was emphasized as a paramount sentencing objective.

The defendant was charged with driving without wearing a seat belt contrary to section 106(2) of the Highway Traffic Act.

The defendant produced a medical note from a doctor stating he was unable to wear a seat belt because of his size.

The note did not stipulate an expiry date.

The prosecution argued the exemption under section 106(6)(b)(ii) only applies where the certificate stipulates a time period.

The court found that while certificates under section 106(6)(b)(i) for medical reasons must include a time period, certificates under section 106(6)(b)(ii) for physical characteristics need not include an expiry date.

The defendant was acquitted.