Meaghan Lalande

The court considered charges of laundering proceeds of crime, making false statements in income tax returns, tax evasion, and obtaining unentitled tax refunds or credits against Peter Pavlovich Jr. and Jessica Sauve.

The Crown alleged that the accuseds’ net worth exceeded their reported income by over $200,000, and that unreported income was derived from drug trafficking and unreported construction work.

The defence presented evidence of substantial gifts and loans from family and friends as alternative sources of funds.

The court found that the Crown failed to prove beyond a reasonable doubt that the unexplained funds were unreported income or proceeds of crime, and acquitted both accused on all charges.

Timothy Barnhart, having been found guilty of Fisheries Act offences, brought a constitutional application seeking a declaration that sections 35 and 40 of the Fisheries Act infringed his Aboriginal and treaty rights, specifically a right to clean drinking water and a right to modify his land without interference.

The Crown moved to dismiss this constitutional application.

The Ontario Court of Justice dismissed Barnhart's application, finding that he failed to provide sufficient evidentiary basis to establish the existence of the claimed treaty or Aboriginal rights under the Simcoe Deed (Treaty 3 ½) or to demonstrate a prima facie breach of such rights.

The court emphasized the need for cogent evidence regarding pre-contact practices for Aboriginal rights and common intention for treaty rights, and noted the conflict between the individual's actions and the community's interests.