P. Barr

The accused, a paternal grandfather, was charged with manslaughter in the death of a 13-month-old child in his care.

The child suffered a fatal traumatic brain injury while under the accused's supervision.

The Crown alleged the accused violently shook the child and impacted the child's head against a hard surface.

The defence contended the child's injuries resulted from an accidental collision with a large family dog.

The court found the accused guilty of manslaughter, rejecting the defence theory as internally inconsistent, medically implausible, and unsupported by credible evidence.

The court determined the accused assaulted the child through violent shaking, which constituted the unlawful act causing death.

A police officer employed by the Niagara Regional Police Service pleaded guilty to pointing a firearm at another officer without lawful excuse.

The incident occurred at a police station when the defendant, at the end of her night shift, pointed an unloaded rifle at a colleague and pushed the muzzle into his chest as a lark.

The Crown sought a conditional discharge with probation and community service, while the defence sought an absolute discharge.

The court granted an absolute discharge, finding that denunciation was achieved through the public criminal process itself and that specific deterrence and rehabilitation were not relevant factors given the defendant's remorse, lack of prior record, and the significant personal consequences she had already suffered.