Mirza

The offender, an Indigenous man and survivor of the 'Indian Day School' system, was found guilty of four counts of sexual interference against an 11-to-13-year-old child.

The court weighed the paramount principles of denunciation and deterrence for child sexual offences against the offender's profound history of trauma, abuse, and systemic racism.

A sentence of 3 years in jail was imposed, along with ancillary orders, reflecting a significant reduction from the Crown's proposed range due to Gladue factors.

The accused, charged with drug and firearm offences, brought a Charter motion challenging the validity of tracking and search warrants based on information from a confidential informant.

The court found that the police affiants engaged in deliberate deception by including false information and omitting material facts in the warrant applications, subverting the prior authorization process.

The court held that this egregious misconduct constituted an abuse of process violating section 7 of the Charter, warranting a stay of proceedings.

Alternatively, the court found the arrest unlawful and the search incident to arrest unreasonable, excluding the evidence under section 24(2).

The applicant brought a second motion under s. 11(b) of the Charter seeking a stay of proceedings for unreasonable delay.

The total delay was calculated at 30 months and 19 days, but after subtracting defence delay, the net delay was 29.5 months, which is below the 30-month presumptive ceiling for Superior Court trials.

The court found that while the defence took meaningful steps to expedite the proceedings, the case did not take markedly longer than it reasonably should have, particularly given the complexities of disclosure involving a confidential informant.

The motion for a stay of proceedings was dismissed.

The accused was charged with multiple firearm and drug offences following a shootout between individuals associated with two vehicles on a residential street.

The Crown relied on circumstantial evidence, including video surveillance, a single particle of gunshot residue (GSR) on the accused's jacket, and his possession of a key fob for one of the vehicles.

The court found reasonable doubt regarding the accused's identity as the shooter due to discrepancies in clothing, the presence of a possible third person, and the unreliability of the GSR evidence.

The court also found insufficient evidence to prove the accused had knowledge of the drugs concealed in a backpack in the vehicle's trunk.

The accused was acquitted of all charges except for one count of simple possession of cocaine, which he conceded.

The accused, charged with importing cocaine, brought a pre-trial motion to challenge prospective jurors for cause under s. 638(1)(b) of the Criminal Code.

The accused intended to advance a duress defence based on being a victim of intimate partner violence.

The Superior Court of Justice dismissed the motion, finding that the evidentiary foundation for the proposed questions was insufficient and that the questions themselves were inappropriate as they presumed contested facts.

The court held that tailored jury instructions would be the appropriate mechanism to address potential juror bias regarding intimate partner violence once the evidentiary record was established at trial.

The applicant, charged with firearms and drug trafficking offences, brought an application for a stay of proceedings under s. 11(b) of the Charter, arguing his right to a trial within a reasonable time was infringed.

The anticipated delay was 27.5 months, which is below the 30-month ceiling for Superior Court trials established in Jordan.

The applicant argued the Crown failed to conduct a diligent prosecution by delaying severance and the preferring of a direct indictment.

The court found that while the Crown's communication and timing on certain procedural steps were problematic, the overall delay did not markedly exceed what was reasonably required for a multi-accused case.

The motion was dismissed.