M. Forte

The offender was sentenced for human trafficking, procuring, and related offences across two indictments.

The Crown sought a net sentence of 15 months' imprisonment, while the defence sought time served.

The court found that the offender experienced exceptionally harsh conditions during pre-sentence custody, including multiple assaults by other inmates and guards, extensive lockdowns, and triple-bunking.

Applying maximum statutory credit and additional mitigation for the harsh conditions, the court imposed a global net sentence of 265 days' imprisonment and a $35,000 restitution order.

The accused were tried on multiple charges related to human trafficking, procuring, and sexual assault involving a young female complainant.

The court found the primary accused guilty of human trafficking, procuring, advertising sexual services, and receiving a material benefit, relying heavily on text messages that demonstrated a coercive quota system and exploitative control over the complainant's movements.

However, the court acquitted the primary accused of sexual assault, assault, and unlawful confinement due to reasonable doubt arising from credibility issues with both the complainant and the accused.

The co-accused was acquitted of all charges due to insufficient reliable evidence.

The young person was serving the community supervision portion of a youth sentence for manslaughter when he was arrested and charged with trafficking heroin and possession of cocaine for the purpose of trafficking.

His conditional supervision order was suspended, and the matter was referred to the youth justice court under s. 108 of the YCJA.

The court reviewed the suspension under s. 109 of the YCJA.

Acknowledging the young person's progress in education and employment, but emphasizing the seriousness of the deliberate and repeated breaches involving drug trafficking, the court ordered the suspension of the conditional supervision to be continued for four months, after which the young person may be released on the original conditions.

The accused brought a pre-trial application seeking exclusion of evidence obtained from his cell phone following his arrest for possession of stolen property.

Police arrested the accused after discovering a stolen vehicle near a group of individuals, despite minimal evidence connecting him to the vehicle.

The court held that the arrest lacked reasonable and probable grounds and that the accused’s detention and seizure of his phone were unlawful.

Police further breached the accused’s Charter rights by retaining the phone after his unconditional release to continue investigating a suspected robbery conspiracy.

Applying the s. 24(2) framework from Grant, the court found the Charter breaches serious and excluded the phone evidence and all derivative evidence.

Youth sentencing decision following convictions for manslaughter, aggravated assault, careless use of a firearm, and possession of a firearm without a licence arising from a shooting in an apartment building lobby.

The young person fired a handgun at individuals who had just assaulted him with a baseball bat, killing one person and grazing another while they fled.

The court considered significant mitigating factors including elements of self-defence and provocation, cognitive developmental delays affecting decision-making, remorse, and substantial rehabilitative progress during lengthy pre‑trial custody.

Applying the principles of proportionality and least restrictive sanction under the Youth Criminal Justice Act, and accounting for 22 months of pre‑trial custody, the court imposed a 2.5‑year custody and supervision order with one day of custody and the balance under community supervision.

A young person was tried for second degree murder, attempted murder, discharging a firearm with intent to endanger life, careless use of a firearm, and unlawful possession of a firearm following a lobby shooting that resulted in a death and injury.

The accused admitted firing the gun but asserted self‑defence after being struck on the head with a baseball bat during a group attack.

The court found the accused had a reasonable belief of a threat and a defensive purpose, but concluded that firing multiple shots at retreating attackers was objectively unreasonable.

The court held the Crown failed to prove the intent required for murder or attempted murder.

The accused was convicted of manslaughter, aggravated assault, careless use of a firearm, and possession of a firearm without a licence.

In CCAA restructuring proceedings involving a retail apparel company, the monitor sought approval of an asset sale agreement for the debtor’s Costa Blanca business and the debtor sought an extension of the stay of proceedings.

The court considered the criteria under ss. 36(3) and (4) of the Companies’ Creditors Arrangement Act and found the sale process had been conducted fairly and transparently and that the proposed transaction provided the best available consideration to creditors, notwithstanding that the purchaser was related to the debtor.

Approval of the sale was granted subject to a condition requiring the transaction to close by a specified deadline, failing which the debtor and monitor were required to seek further court directions.

The court also granted the debtor’s request to extend the stay of proceedings, approve liquidation of certain store inventory and fixtures, continue a key employee retention plan, and authorize repayment of secured loans.