Norman D. Boxall

The accused was convicted of preventing or endeavouring to prevent an elector from voting at the federal election held on May 2, 2011, contrary to the Canada Elections Act.

The accused, as communications director for the local Conservative candidate in Guelph, was a major and active participant in a scheme involving approximately 7,000 automated telephone calls directing targeted non-Conservative supporters to false polling locations.

The court imposed a sentence of 9 months imprisonment followed by 12 months probation, emphasizing that general deterrence and denunciation were the primary sentencing principles given the serious nature of interference with the democratic electoral process.

During the 2011 federal election campaign in Guelph, Ontario, automated telephone calls were made to approximately 6,738 voters falsely indicating that their polling stations had been changed to another location.

The accused, Michael Sona, was the communications director for the Conservative Party candidate.

The Crown alleged that Sona was responsible for creating and placing these calls, or alternatively, that he was a party to the offence by aiding or abetting those who did.

The defence argued that while the circumstances raised suspicions, the Crown had not proven guilt beyond a reasonable doubt.

The court found Sona guilty, determining that although the evidence did not establish he personally uploaded the messages to the automated calling service, he was actively involved in creating the scheme and was a party to the offence through aiding and abetting.

The applicants brought a motion for a stay of proceedings pursuant to s. 11(b) of the Canadian Charter of Rights and Freedoms, alleging that their rights to trial within a reasonable time had been violated by delay exceeding 20 months between accusation and trial.

The applicants argued that Crown delay of approximately 7 months and institutional delay of approximately 8.5 months, combined with inherent and actual prejudice, rendered a fair trial impossible.

The Crown countered that much of the delay was neutral, resulting from mutual agreement of all counsel to delay trial pending exhaustive negotiations on resolution.

The court found that the bulk of the delay resulted from a mutual understanding among all counsel to postpone setting an early trial date to permit further investigation and reconsideration of reasonable prospect of conviction, particularly regarding identification evidence.

The court concluded that s. 11(b) was not breached, as the delay fell within Morin guidelines for a serious multi-accused prosecution, and any actual prejudice was attributable to the fact of the charges rather than the delay itself.

The accused pleaded guilty to failure to remain at the scene of an accident causing death contrary to s.252(1.3)(b) of the Criminal Code.

The accused struck a pedestrian with her vehicle and fled the scene without rendering assistance.

The victim died from injuries sustained in the collision.

The court imposed a five-month custodial sentence followed by 12 months probation and a two-year driving prohibition.

The sentencing balanced the serious nature of the offence and the need for general deterrence and denunciation against the accused's youth, lack of prior record, genuine remorse, and excellent rehabilitation prospects.