Ms. A. Macdonald

The defendant, Kevin Goudreau, was charged with two counts of uttering threats to cause death, two counts of criminal harassment by repeatedly communicating, and one count of breaching his probation order.

The charges arose from a loud, racist, and homophobic rant in his backyard, heard by his gay neighbours.

The court found that Goudreau knowingly conveyed threats and repeatedly communicated with the complainants, causing them to fear for their safety.

The court determined that "repeatedly" could mean "persistently" in the context of a lengthy, continuous tirade.

Goudreau was found guilty on all counts, with the court reserving judgment on whether the uttering threats charges should be conditionally stayed under the Kienapple principle.

The Respondent mother sought a mistrial in a child protection proceeding after an off-record exchange was inadvertently broadcast in the virtual courtroom, raising concerns about an unknown third party and potential drug transactions.

The mother argued the judge became a compellable witness and the information was prejudicial.

The Society and father opposed, arguing against delay and that the judge could disabuse herself of the information.

The court dismissed the motion, finding the judge was not compellable, the information was not properly before the court, and the judge could disabuse herself of it.

The court emphasized that mistrials are a last resort and that continuing the trial was in the best interests of the child and the administration of justice.