Paul Socka

The Crown brought a motion to admit excerpts of audio-video recordings from police cells, containing alleged party admissions by the accused, Jordan Nicholas and Reymon Duncan-Jones.

The defence opposed, arguing issues of context, audio quality, and potential prejudice.

Applying the principles from R v Schneider, the court found the evidence relevant and admissible as party admissions, noting that such evidence is rarely excluded.

The court determined that concerns regarding context and quality were matters of weight for the jury, to be addressed through appropriate jury instructions.

The Crown's application was granted.

This is an application by the accused for a stay of prosecution due to unreasonable delay, pursuant to section 11(b) of the Canadian Charter of Rights and Freedoms.

The total delay from arrest to anticipated trial completion was 31.4 months, exceeding the 30-month presumptive ceiling established by R. v. Jordan.

The court considered two discrete events as potential exceptional circumstances: a mistrial declared in March 2022 and delays caused by the COVID-19 pandemic.

The court found that the mistrial was an exceptional circumstance, as the trial judge in the mistrial had assigned no blame to any party.

The court also found that a six-month period of delay was attributable to the pandemic, acknowledging inherent court system delays even pre-pandemic.

After deducting these periods, the net delay fell within the Jordan timeframe.

The application for a stay of proceedings was dismissed.

The appellant, found not criminally responsible due to mental disorder, appealed a disposition of the Ontario Review Board (ORB) ordering his detention.

He sought an absolute or conditional discharge, arguing the ORB erred in finding he posed a significant public threat and in not adequately applying Gladue principles.

The Court of Appeal granted fresh evidence motions from both parties but dismissed the appeal, finding the ORB's decision reasonable.

The court affirmed that the appellant remained a significant threat due to unstable mental health, risk of medication non-compliance, and substance abuse, which could lead to re-offending.

The refusal of a conditional discharge was also deemed reasonable, as no adequate community treatment plan was in place, despite the consideration of Gladue factors.

The appellant, O’Dean McFarlane, appealed a disposition of the Ontario Review Board (ORB) that transferred him from St. Joseph’s Healthcare Hamilton to a higher security forensic facility at Waypoint Centre for Mental Health Care.

The appeal was based on two grounds: the Board's refusal to grant an adjournment of an early review hearing, which the appellant argued denied him a fair hearing, and the Board's alleged failure to discharge its inquisitorial duty to investigate concerns of unconscious racial bias influencing hospital staff's perception of him.

The Court of Appeal dismissed the appeal, finding no error in the Board's discretionary decision regarding the adjournment, as the issues were intertwined and no prejudice was demonstrated.

The court also held that the Board's inquisitorial duty was not triggered regarding racial bias, as there was no realistic possibility that further inquiry would have altered the decision, which was firmly rooted in objective evidence of the appellant's conduct.

The appellant, found not criminally responsible, appealed a detention order issued by the Ontario Review Board (ORB).

The ORB's decision was based on the appellant's diagnosis of bipolar disorder with psychotic features, ADHD, and substance abuse disorder, which led to the index offences and posed a significant risk to public safety due to lack of insight and medication non-compliance.

The Court of Appeal dismissed the appeal, affirming that the ORB properly determined a detention order was the necessary and appropriate disposition, as a conditional discharge lacked an air of reality given the conceded significant risk and the appellant's condition.