M. Humphreys

The accused, an Indigenous man, pleaded guilty to manslaughter after fatally stabbing the victim once in the chest during an argument while heavily intoxicated.

The Crown sought an eight-year sentence, arguing the offence was near-murder, while the defence proposed four to seven years.

Applying Gladue principles and weighing the accused's remorse, guilty plea, and history of trauma against the aggravating factors of intoxication and use of a weapon, the court imposed a sentence of six years' imprisonment, less credit for pre-sentence custody.

The applicants, who were in pretrial detention, brought an application for a stay of proceedings or damages, alleging that COVID-19 restrictions at the detention centre violated their rights.

The Crown sought summary dismissal of the application under Rule 34.02 of the Criminal Proceedings Rules.

The court found that the restrictions were reasonable and necessary responses to the pandemic, comparable to restrictions faced by the general public.

Concluding there was no reasonable prospect of success, the court summarily dismissed the application.

The Crown appealed a summary conviction acquittal on charges of impaired driving and refusal to provide a breath sample.

The appeal court held that the trial judge applied the wrong legal standard when assessing whether the police officer had reasonable grounds to demand a roadside screening test, requiring proof of probable impairment rather than a reasonable suspicion that alcohol was present in the accused’s body.

The court also found legal errors in the trial judge’s failure to provide reasons for excluding evidence under s. 24(2) of the Charter and in dismissing the impaired driving charge without permitting Crown submissions.

Given that the trial judge had already made final determinations on key issues, the matter could not be meaningfully remitted to complete the trial.

The acquittal was set aside and a new trial ordered.

The accused was detained outside a bar after police responded to a report of a firearm.

During a prolonged investigative detention and subsequent searches, including a strip search at the police station where an officer gratuitously stood on his ankles, police found significant quantities of cocaine and crack cocaine.

A handgun was later found nearby.

The court found multiple serious breaches of the accused's ss. 7, 8, and 10 Charter rights.

However, applying the Grant framework, the court declined to exclude the drug evidence under s. 24(2).

The accused was found guilty of possession for the purpose of trafficking and breach of orders, but not guilty of the firearm and proceeds of crime charges due to reasonable doubt.