M. Jennifer Goulin

The applicant, facing multiple charges including drug trafficking, firearms offences, and first-degree murder, applied under s. 462.34(4)(c) of the Criminal Code for the release of $459,595 seized by police to pay his legal expenses.

While the Crown conceded the applicant had an exclusive interest in the funds, the court found the applicant failed to establish on a balance of probabilities that he lacked other financial resources to retain counsel.

The application was dismissed due to a dearth of financial information provided by the applicant.

The court considered whether the accused's email communications constituted an agreement or arrangement, by telecommunication, to commit sexual interference with a child under s. 172.2(1)(b) of the Criminal Code.

Applying the framework drawn from Legare, the court held that the communications went beyond fantasy or a preliminary meeting and established a concrete plan to sexually assault a child the accused believed to be nine years old.

The court rejected arguments that the copied email record was too incomplete to support conviction and also rejected the submission that the accused lacked knowledge of the child's age.

A finding of guilt was entered on the sole count.