Ms. Jody Milstein

A young person was charged with eight firearm-related offences arising from a single incident on February 17, 2013, in Toronto.

Police officers from the Toronto Anti-violence Intervention Strategy (TAVIS) unit conducted a street stop and search that resulted in the discovery of a loaded handgun.

The accused challenged the constitutionality of the detention and search, alleging violations of sections 8, 9, and 10 of the Charter.

The court found that the detention was arbitrary and illegal, initiated without reasonable grounds and prolonged based on discriminatory factors including the value of the vehicle and the race of the occupants.

The search was conducted without proper grounds and without informing the accused of his detention or right to counsel.

The court excluded all evidence obtained as a result of the Charter violations and acquitted the accused of all charges.

A young person was convicted after trial of one count of sexual assault and two counts of sexual interference against a victim who was six years old when the abuse began and eleven when it ceased.

The abuse occurred over five years between 1997 and 2002, perpetrated by the accused who was thirteen at the outset and eighteen at the conclusion.

The victim did not report the abuse to police until December 2011.

The court imposed a custody and supervision order of nine months followed by eighteen months of probation, with conditions including no contact with the victim, attendance for sexual offending assessment, and counselling as recommended.