Mellington Godoy

In a multi-count criminal trial arising from an alleged drug-debt confrontation, the court applied reasonable-doubt principles, credibility and reliability analysis, Vetrovec caution, and Villaroman circumstantial-evidence requirements.

The prosecution proved several breach counts, including counts to which the accused had pleaded guilty, and established an additional probation breach tied to keeping the peace and being of good behaviour.

The prosecution did not prove beyond a reasonable doubt that the accused possessed or used a firearm, threatened death, committed assault with a weapon, or committed the remaining firearm-related and related indictable offences.

The court found key inculpatory witness evidence unreliable and concluded competing reasonable inferences remained available on the circumstantial record.

Convictions were entered on five counts, with all other counts dismissed and two counts withdrawn.

The court sentenced J.P. Dominic Mignac for aggravated assault and resisting arrest following a stabbing incident at a Burger King.

The court found the case fell within the mid-range of sentencing for aggravated assault, considering factors such as provocation, lack of criminal record, remorse, and rehabilitation prospects.

The sentence imposed was two years less a day to be served as a conditional sentence with house arrest, followed by three years' probation, and included ancillary orders such as a DNA order and weapons prohibition.

The decision reviews the applicable sentencing principles and case law, emphasizing the balance between denunciation, deterrence, and rehabilitation.

This decision concerns a 13-count indictment against David Bukoski, including criminal harassment, distribution of intimate images, arson, conspiracy, and sexual assault.

The case centers on the aftermath of a breakup between S.M., a Canadian teenager, and Mr. Bukoski, an American, and the extensive harassment and criminal conduct that followed, much of it perpetrated online.

The court found Mr. Bukoski guilty of criminal harassment of S.M. and her mother, distribution of intimate images, and sexual assault, but acquitted him on the arson and conspiracy counts due to reasonable doubt regarding his involvement.

The judgment provides a detailed analysis of the evidence, credibility assessments, and the application of legal principles to complex facts involving internet-facilitated crime.

The applicant, David Bukoski, sought a stay of criminal proceedings for unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedoms.

The prosecution, involving 13 charges including criminal harassment, sexual assault, arson, attempted murder, and conspiracy to commit murder, had taken 71 months, exceeding the 30-month Jordan ceiling.

The court calculated the net delay by subtracting defence-waived delay (5.5 months), defence delay due to applicant's illness (14 months), Crown/complainant circumstances (3 months), and pandemic impact (4 months), and defence's underestimation of trial time (10 months), resulting in a net delay of 34.5 months.

The court found the case to be "particularly complex" due to the nature of the evidence, including extensive internet communications, pseudonyms, international coordination, and the unique circumstances of witnesses.

The Crown was found to have taken reasonable steps to mitigate delay.

Consequently, the court dismissed the application for a stay of proceedings, finding the remaining delay justified by the case's complexity.

The accused, Dominic Mignac, was charged with seven counts, including aggravated assault, assault causing bodily harm, attempted murder, and resisting arrest, following a stabbing incident at a Burger King.

The court found the accused guilty of assault with a weapon, assault causing bodily harm, aggravated assault, and resisting arrest.

However, the charges of attempted murder, uttering a death threat, and carrying a weapon for a purpose dangerous to the public peace were dismissed due to reasonable doubt regarding the specific intent to kill and the purpose of carrying the knife.

The defence of self-defence was rejected as the accused's actions were not deemed a reasonable or proportional response to any perceived threat, particularly after the victim had disengaged.

This is a child protection summary judgment motion brought by the Children's Aid Society of Ottawa seeking a finding that three children (S.L., J.L., N.C.) are in need of protection and an order for extended society care.

The parents contested the grounds for protection and the disposition.

The court found no genuine issue requiring a trial regarding the children being in need of protection under multiple subsections of the Child, Youth and Family Services Act, and ordered extended society care.

However, the court found a genuine issue requiring a trial regarding the parents' access to the children.

The accused, Ryan Grant Fluet, was found guilty of inviting a person under 16 to sexual touching.

The court addressed two issues: the constitutionality of the one-year mandatory minimum sentence for this offence under s. 152(a) of the Criminal Code, and the fit and proportionate sentence.

The court declared the mandatory minimum sentence unconstitutional, finding it grossly disproportionate in reasonably foreseeable hypothetical scenarios and in the present case, aligning with previous decisions regarding similar offences.

Considering aggravating factors (criminal record, victim's age) and mitigating factors (accused's vulnerable state, concession of guilt, self-study in custody, family support), the court sentenced the accused to time served (seven months imprisonment, credited as 7.6 months pre-sentence custody) followed by three years of probation.

Ancillary orders included a DNA sample and a 20-year Sex Offender Information Registration Act order, but no s. 161 prohibition order.

The Family and Children’s Services of Renfrew County brought a motion for summary judgment seeking an order that two children were in need of protection and for extended society care.

The respondent father opposed the motion, arguing that there was a genuine issue for trial.

The court dismissed the motion, finding that the evidentiary record, which largely consisted of inadmissible hearsay and conflicting accounts, did not permit a fair and just resolution of the issues without a full trial.

The decision emphasized the significant credibility issues and the Charter rights engaged in child protection proceedings, reinforcing that evidentiary standards are not relaxed for summary judgment motions in this context.

The accused, François Gauthier, was charged with two counts of dangerous driving causing bodily harm and two counts of impaired driving causing bodily harm following a multi-vehicle collision on Highway 17.

The court found Gauthier's testimony regarding mechanical issues and controlled maneuvers to be incredible, concluding that his driving was objectively dangerous and a marked departure from the standard of a reasonable driver, largely due to his excessive speed and unsafe lane changes.

However, the court acquitted Gauthier on the impaired driving charges, finding that the expert toxicological evidence, while showing the presence of drugs, could not definitively establish impairment at the time of driving due to individual variability and lack of specific testing.

The children's aid society brought a motion for summary judgment seeking a finding that three children were in need of protection and for final custody orders placing them with their maternal and paternal aunts.

The mother opposed the motion, arguing there were genuine issues for trial regarding protection, disposition, and access.

The court found no genuine issue requiring a trial, noting the mother's severe and longstanding mental health issues, threats of violence, and inability to adequately supervise the children.

The court granted the summary judgment, found the children in need of protection, awarded custody to the aunts, and ordered supervised access for the mother.

The accused were charged with numerous weapons offences after police intercepted their vehicle near the border and found a duffel bag containing nine handguns and fourteen high-capacity magazines.

The Crown's case was entirely circumstantial, relying on text messages, the accused's proximity to the bag, and their interactions with the individual who brought the bag into the vehicle.

The court found that the circumstantial evidence did not establish beyond a reasonable doubt that the accused knew the contents of the bag, as it was reasonably possible they were simply giving a friend a ride without knowledge of the firearms.

Both accused were acquitted on all counts.

The offenders, who worked as cleaners in a medical office, were convicted of forging prescriptions for opioids and possessing fentanyl and oxycodone.

Both offenders suffered from severe opioid addictions.

The Crown sought custodial sentences of 9 to 12 months, while the defence sought conditional discharges.

The court declined to grant conditional discharges, finding them contrary to the public interest given the seriousness of the offences and lack of rehabilitation plans.

However, considering the significant delay of over five years and the offenders' circumstances, the court imposed 12-month conditional sentences to be served in the community, followed by two years of probation.

The appellant, R.H., appealed his conviction for sexual assault.

The complainant testified that she consented to the sexual touching, which occurred due to the appellant's drug-induced paranoid hallucinations about her infidelity.

The trial judge, despite the complainant's testimony of consent and the Crown's argument focusing on the complainant's inconsistent police statement, convicted the appellant on the basis that her consent was vitiated by the history of violence in their relationship.

This theory of vitiated consent was not advanced by either counsel during the trial, nor was it raised by the judge with the parties before the decision.

The Court of Appeal found that convicting the appellant on an unargued and uncanvassed theory constituted a fundamental unfairness and denied the appellant his constitutional right to make full answer and defence.

The appeal was allowed, the sexual assault conviction was set aside, and a new trial was ordered on that count.

The Children's Aid Society of Ottawa applied for an order placing a two-year-old Inuit child in extended society care with a view to adoption.

The mother struggled with long-standing addiction and mental health issues, lacked stable housing, and failed to consistently visit the child or engage with support services.

The father resided in Nunavut and was unable to care for the child.

The court found the child in need of protection due to the risk of physical and emotional harm.

Applying the best interests factors under the CYFSA and the federal FNIM Act, the court ordered extended society care with a view to adoption, prioritizing placement with an Inuit family to maintain cultural continuity.

Access was granted to both parents at the Society's discretion.

The applicant society brought a motion for summary judgment regarding the disposition of a child protection matter involving a First Nations child.

While the parties agreed the child should remain in the custody of maternal kin, the respondent mother opposed the father having joint decision-making and unsupervised parenting time, and opposed a formal contact order for the paternal extended family.

The court granted summary judgment, finding no genuine issue for trial.

The court ordered that the child remain with the maternal kin, granted supervised parenting time to the father, and made a specific contact order for the paternal extended family to ensure the child remains connected to his Algonquin heritage, given the father's inconsistent involvement.

The paternal grandmother brought a motion for a temporary order for alternate weekend access and specified holiday time with her four-year-old granddaughter, who was placed in the custody of the maternal grandmother.

The maternal grandmother opposed a formal order, preferring to manage access at her discretion due to concerns about the paternal grandmother's son and grandson.

The court determined that section 104 of the Child, Youth and Family Services Act governed the motion and found that a formal access order was in the child's best interests to manage the tension between the grandmothers.

The court granted alternate weekend access with conditions prohibiting the biological father's presence during visits.

Sarah Lochead was charged with having a blood alcohol concentration exceeding 80 mg within two hours of ceasing to operate a conveyance, contrary to section 320.14(1)(b) of the Criminal Code.

The defense admitted the Crown's case but sought to invoke the exception under section 320.14(5), arguing she consumed alcohol only after ceasing to operate her vehicle, had no reasonable expectation of providing a breath sample, and her BAC was below 80 mg while driving.

The court found her testimony lacked credibility and reliability, particularly regarding her cell reception, travel time, and alcohol consumption claims.

The court concluded she failed to prove the statutory prerequisites for the exception on a balance of probabilities and found her guilty.

The children's aid society brought a motion for temporary care and custody of an infant who presented at the hospital with unexplained brain and retinal haemorrhages.

The parents claimed the injuries resulted from a fall off a couch, but medical professionals suspected non-accidental trauma.

The society apprehended the child after the parents failed to maintain a 24-hour supervision safety plan.

The court applied the unexplained injury principle and found reasonable grounds to believe the child was at risk of harm and could not be adequately protected by a supervision order.

The child was ordered to remain in the society's care pending trial, with access granted to the parents.

The defendants, who were patients and cleaners for a family physician, were charged with multiple offences including using forged prescriptions and possessing fentanyl and oxycodone.

The Crown alleged they used their after-hours access to the doctor's office to forge prescriptions and fax them to pharmacies.

The court found both defendants guilty of using forged documents and possessing fentanyl and property obtained by crime, relying on circumstantial evidence including fax transmission times, lack of office stamps, and evidence of cutting and pasting.

The defendants were acquitted of possessing proceeds of crime due to insufficient evidence.

The Children's Aid Society brought a motion under s. 130 of the CYFSA for the production of third-party records relating to the parents and their five children.

The parents opposed the motion, arguing they had previously consented and the motion was premature.

The kin, who were added as parties to seek access to one child, brought a cross-motion seeking disclosure of the Society's entire file and the third-party records.

The court granted the Society's motion, finding the records relevant to the child protection concerns, with minor exceptions for counselling notes.

The court dismissed the kin's cross-motion, holding that their limited participatory rights only entitled them to records relevant to their claim for access to the one child.