Michael Block

The Crown charged the defendant with assault causing bodily harm following an incident during a non-contact recreational hockey game.

The defendant struck the complainant with her elbow after play had concluded, causing the complainant to fall and break her leg in two places.

The defendant claimed self-defence, asserting she believed she was about to be attacked.

The court rejected the self-defence claim and the implied consent defence, finding the blow was unprovoked, vicious, and delivered well after the whistle.

The defendant was convicted of assault causing bodily harm.

Constable Robert Harris was charged with careless use of a firearm contrary to section 86 of the Criminal Code after firing his service weapon twice at a fleeing suspect during a high-speed pursuit.

Harris believed a female passenger was being dragged or run over by the suspect's tow truck when he discharged his weapon.

The court found that Harris's belief was reasonable under the circumstances, though ultimately incorrect, and that his response was proportionate to that belief.

The defendant was acquitted.

A preliminary inquiry into charges of second degree murder and careless use of a firearm arising from the death of Eric Osawe during a dynamic police entry.

The Crown alleged that the accused officer deliberately fired his MP5 submachine gun during a struggle with the deceased.

The court found no evidence from which a reasonable jury could infer intentional discharge, and further found that the officer's conduct was consistent with professional standards.

The accused was discharged on all counts.

The accused was charged with multiple firearm and drug offences following his arrest while driving with a loaded prohibited firearm and marijuana.

At a bail hearing, the justice of the peace endorsed the information under s. 515(9.1) of the Criminal Code based on the accused's prior criminal record, restricting pre-sentence custody credit to 1:1.

Following conviction on all counts, the accused challenged the constitutionality of s. 719(3.1), which removes sentencing discretion regarding enhanced pre-sentence custody credit when a bail justice has made a s. 515(9.1) endorsement.

The court found the impugned provision violated s. 7 of the Charter and declared it of no force and effect.

The court imposed a global sentence of 6 years imprisonment with 1.5:1 credit for pre-sentence custody.

Three police constables from the Barrie Police Service were charged with assault causing bodily harm following their arrest of a civilian, Michael Ullman, at his residence on July 5, 2009.

The Crown alleged the officers entered the home without permission, without exigent circumstances, and used excessive force during the arrest, resulting in a broken arm.

The defendants claimed they were invited into the home, had reasonable grounds to believe firearms were present (exigent circumstances), and used only necessary force to subdue an actively resisting suspect.

The trial focused on whether the entry was lawful and whether the force used was reasonable.