M. Cremer

The applicant sought a bail review to vacate his existing detention order and be released on terms pending trial for drug trafficking charges involving over 2 kilograms of fentanyl.

While the court found a material change in circumstances due to trial adjournments, the application was dismissed.

The court held that the applicant's history of breaching release conditions, including a recent arrest for drug trafficking while on bail, and the unsuitability of his proposed principal surety justified his continued detention on the primary, secondary, and tertiary grounds.

The accused was found guilty of aggravated assault, discharging a firearm with intent, possession of a loaded restricted firearm, possession of marijuana for the purpose of trafficking, and possession of proceeds of crime.

Following a dispute outside a bar, the accused retrieved a gun and fired it towards a group, striking an innocent bystander.

The court emphasized denunciation and deterrence given the serious nature of gun violence in a public place.

The accused was sentenced to a global term of 10 years' imprisonment, less credit for pre-sentence custody and harsh jail conditions, leaving six years to serve.

The accused, a former financial planner, was convicted of defrauding 41 victims of approximately $10 million through a Ponzi scheme over a 2.5-year period.

The court found numerous aggravating factors, including the large scale of the fraud, breach of trust, and devastating impact on vulnerable victims, with no mitigating factors.

The accused was sentenced to the maximum 14 years' imprisonment, less 10 years' pre-sentence custody credit (including enhanced credit for harsh conditions).

The court also ordered restitution of $10,887,885 and a fine in lieu of forfeiture in the same amount.

The accused, a former financial advisor, was charged with fraud and theft over $5,000 after collecting approximately $12 million from 41 investors for supposedly low-risk real estate and corporate bond investments.

Instead of investing the funds as promised, the accused operated a Ponzi scheme, diverting the money to pay spousal support, fund his failing businesses, and make partial repayments to earlier investors.

The court found the accused's testimony to be entirely lacking in credibility and rejected the defence's forensic accounting evidence.

The accused was found guilty of fraud over $5,000, with the theft charge conditionally stayed.

The accused was charged with 13 firearm-related offences, dangerous driving, and flight from police.

Following a shooting where the accused was targeted, he allegedly pursued the shooter, fired back, and hid his gun in a bag in nearby bushes.

The police found the bag, which contained the prohibited firearm along with the accused's identification documents.

The accused claimed he was merely an innocent bystander hiding from the gunfire.

Applying the W.(D.) principles, the court rejected the accused's exculpatory statements and found that the circumstantial evidence, including eyewitness testimony and the contents of the bag, proved beyond a reasonable doubt that the accused possessed and discharged the firearm.

The accused was found guilty on all counts.

The accused was charged with robbery, using an imitation firearm during the robbery, and possession of cannabis for the purpose of trafficking.

The Crown relied primarily on the testimony of an accomplice who had already pleaded guilty in youth court.

The trial judge found significant inconsistencies between the accomplice’s testimony and that of the complainant, as well as concerns regarding identification evidence and the absence of stolen items in the accused’s residence.

These credibility and evidentiary deficiencies raised reasonable doubt as to the accused’s participation in the alleged robbery and firearm offence.

However, expert evidence and the circumstances of seizure established beyond a reasonable doubt that the accused possessed cannabis packaged for trafficking.