Nadia Klein

During the execution of a search warrant at a residence, the applicant, a Black man who was not the target of the warrant, was ordered to the ground and handcuffed by tactical officers pursuant to a general police policy.

He was subsequently arrested for drug possession by another officer who mistakenly believed he was already under arrest and who lacked objective reasonable grounds.

The applicant brought a motion to exclude the seized fentanyl under s. 24(2) of the Charter.

The court found flagrant violations of the applicant's s. 9 and s. 10(b) rights, noting the systemic issues and the heightened impact of the breaches on a racialized individual in his own home.

The evidence was excluded.

The offender was found guilty by a jury of manslaughter for his participation in a group attack that resulted in the victim's death by blunt force trauma.

The sentencing judge determined the facts of the offence, finding that the offender used a branch as a weapon and participated in beating the defenceless victim.

After weighing aggravating factors, including the brutal nature of the attack, against mitigating factors such as the offender's supportive family and lack of premeditation, the court imposed a sentence of 6.5 years.

The offender received 399 days of credit for pre-sentence custody, lockdown conditions, and strict bail conditions, leaving a remaining sentence of 5 years and 149 days.

The applicant, charged with manslaughter, brought a Charter challenge against the jury panel, alleging violations of ss. 11(d) and 11(f) due to the Province of Ontario's jury source list compilation methods.

The applicant contended that the Municipal Property Assessment Corporation (MPAC) process systematically under-included non-property owners and, consequently, black individuals in Peel, creating an appearance of partiality.

The court dismissed the application, finding that the state made reasonable efforts to ensure a broad cross-section of society for jury selection.

The statistical evidence presented was deemed confusing and contradictory, and ultimately did not support the applicant's claims of under-representation of renters or black individuals.

The court emphasized that representativeness focuses on the process of casting a wide net, not on achieving proportional representation of specific groups.

The applicant, charged with manslaughter, brought a pre-trial motion challenging the constitutional validity of section 4(b) of the Juries Act (Ontario).

The applicant argued that this provincial legislation, which disqualifies individuals convicted of an indictable offence from jury service, creates an operational conflict with section 638(1)(c) of the Criminal Code, which allows for challenges for cause only for those sentenced to imprisonment exceeding twelve months.

The applicant contended that the provincial law unduly narrows the jury pool and infringes on federal jurisdiction over criminal procedure.

The Crown argued that the provincial legislation is a valid exercise of power over the administration of justice and does not conflict with or frustrate the purpose of the federal law.

The court dismissed the application, finding no operational conflict or frustration of federal purpose, as the provincial and federal laws govern different aspects of jury selection and can coexist.

The accused was charged with possession of methamphetamine for the purpose of trafficking.

He brought a pre-trial Charter application alleging breaches of his ss. 7, 8, 9, and 10(b) rights.

The court found that the police had reasonable and probable grounds to arrest the accused based on confidential informant information and surveillance, so the arrest and subsequent vehicle search did not violate ss. 9 or 8.

However, the court found a s. 10(b) breach when an officer asked the accused a question after he asserted his right to counsel, and a s. 8 breach because the search warrant for the accused's cell phone lacked sufficient objective grounds.

Under s. 24(2), the court excluded the accused's statement and the cell phone data, but admitted the drugs found in the vehicle.