M. Sabat

The Crown appealed the respondent's acquittal on a charge of failing to comply with a recognizance.

The trial judge provided deficient reasons and erred in law regarding the elements of the offence.

However, the Superior Court dismissed the appeal, finding that the Crown failed to adduce evidence negating a specific exception to the respondent's house arrest condition (attending counselling).

Because an acquittal was the only reasonable verdict on the evidence, the trial judge's errors did not have a material bearing on the outcome.

The Crown and the Ontario Provincial Police applied for certiorari to quash a trial judge's order requiring the disclosure of a Drug Recognition Expert's (DRE) rolling logs to the accused in an impaired driving trial.

The applicants argued the logs were irrelevant third-party records and that disclosure was prohibited by s. 258.1 of the Criminal Code and s. 37 of the Canada Evidence Act.

The Superior Court dismissed the application, finding that the rolling logs are relevant to the DRE's proficiency, constitute 'fruits of the investigation' subject to first-party disclosure, and are not shielded from disclosure by statutory privacy or public interest provisions.

The appellant appealed two separate convictions resulting from guilty pleas to charges including uttering death threats, criminal harassment, and failing to comply with a recognizance.

He argued that his pleas were uninformed and involuntary due to ineffective assistance of counsel, specifically alleging a failure to advise him of the immigration consequences of his pleas and the elements of the offences.

The Superior Court of Justice dismissed the appeals, finding the appellant's testimony lacked credibility and that he failed to establish either incompetence by his former counsel or any resulting prejudice.

The appellant appealed his convictions for committing an indecent act and mischief, arguing the trial judge erred in treating the TTC employee's identification evidence as recognition rather than eyewitness identification.

The Superior Court of Justice dismissed the appeal, finding the trial judge properly cautioned herself on the frailties of eyewitness identification.

The court noted the witness had significant prior encounters with the appellant and that the identification was corroborated by circumstantial evidence found upon arrest.

The appellant appealed two sentences imposed by the Ontario Court of Justice, arguing that the sentencing judges should have imposed nominal fines to reduce the mandatory Victim Fine Surcharge (VFS).

In one case, the judge imposed a sentence of custody, probation, and a nominal fine, which the Crown conceded was an illegal sentence under s. 731(1) of the Criminal Code.

The Superior Court of Justice held that the use of nominal fines solely to circumvent the mandatory VFS is impermissible and distorts the sentencing process.

The appeal against the first sentence was allowed to the extent that the nominal fines were quashed, leaving the custody and probation intact.

The appeal against the second sentence, where the judge declined to impose a nominal fine, was dismissed.