Nick Devlin

Two separate appeals concerning the entrapment defence in dial-a-dope drug trafficking investigations.

In Williams' case, the trial judge found entrapment and stayed drug trafficking charges, but the Crown appealed.

In Ahmad's case, the trial judge rejected an entrapment application and convicted the accused.

The Court of Appeal held that police may provide opportunities to sell drugs to persons associated with phone lines reasonably suspected of being used in dial-a-dope operations, even without reasonable suspicion that those individuals are engaged in criminal activity, provided the police are conducting a bona fide inquiry.

The majority found no entrapment in either case.

The concurrence reached the same result but on the basis that police had reasonable suspicion that both accused were engaged in criminal activity.

Three appellants challenged mandatory minimum sentencing provisions for unauthorized production of marijuana under the Controlled Drugs and Substances Act as violating s. 12 of the Canadian Charter of Rights and Freedoms (cruel and unusual punishment).

The Court of Appeal found that certain mandatory minimum provisions were grossly disproportionate when applied to reasonably foreseeable circumstances, including cases involving minimal involvement, mistaken licensees, and situations lacking culpability regarding statutory aggravating factors.

The court struck down provisions imposing two and three-year mandatory minimums for production of more than 500 plants and the statutory aggravating factor provision.

The court reduced one appellant's sentence and dismissed appeals in the other cases.

Three appellants challenged mandatory minimum sentencing provisions for unauthorized production of marijuana under the Controlled Drugs and Substances Act as violating s. 12 of the Canadian Charter of Rights and Freedoms (cruel and unusual punishment).

The Court of Appeal found that certain mandatory minimum provisions were grossly disproportionate when applied to reasonably foreseeable circumstances, including cases involving minimal involvement, mistaken licensees, and situations lacking culpability regarding statutory aggravating factors.

The court struck down provisions imposing two and three-year mandatory minimums for production of more than 500 plants and the statutory aggravating factor provision.

The court reduced one appellant's sentence and dismissed appeals in the other cases.

The appellant appealed a conviction entered by Justice Chapin of the Ontario Court of Justice on July 15, 2014.

The appeal was allowed on consent.

The conviction was quashed and an acquittal was entered.

The appellant appealed her conviction from the Superior Court of Justice, arguing that the trial judge committed a palpable and overriding error by failing to make more detailed inquiries into the appellant's mental status while she was testifying.

The Court of Appeal rejected this submission, finding that the trial judge had made sufficient inquiries, the appellant had confirmed she was able to continue and had no difficulty with her memory, and defence counsel did not pursue the issue at trial.

No fresh evidence was produced to support the appellant's claim that her mental status would have interfered with her ability to testify.

The Crown brought a motion for directions seeking to abridge time, dismiss the appellant's appeal from conviction and sentence, and issue a warrant for the appellant's arrest.

The appellant had been convicted of conspiracy to commit fraud and falsely obtaining a refund or credit under the Income Tax Act, and was sentenced to 30 months imprisonment.

Released pending appeal with a surrender date of May 1, 2017, the appellant failed to surrender and lost contact with counsel.

The Court of Appeal granted all three orders, finding the appellant in breach of his recognizance and deeming his failure to surrender as an abandonment of his appeal.

The Supreme Court clarified bail principles under s. 515 of the Criminal Code, including strict adherence to the ladder principle and the limited role of cash bail.

It held the bail review judge erred by insisting on a combined cash-plus-surety release and by relying on speculation rather than evidence.

The Court allowed the appeal, reversed the constitutional declaration against s. 515(2)(e), and replaced the release order with a cash-only release on the same terms.

The appellant, Velle Chanmany, appealed his conviction for breaching a recognizance condition prohibiting cell phone possession.

The trial judge found a s. 8 Charter violation but admitted the evidence under s. 24(2).

On appeal, the court found no s. 8 or s. 9 Charter violation regarding arbitrary detention or unreasonable search for identification, but a serious s. 10(b) Charter violation for failing to immediately advise the appellant of his right to counsel upon investigative detention.

Applying the s. 24(2) Grant test, the court concluded that the deliberate nature of the Charter breach and its significant impact on the appellant's rights outweighed society's interest in the reliable evidence, leading to its exclusion.

The appeal was allowed, conviction set aside, and an acquittal entered.