P. DeJulio

The applicant sought exclusion of computer and email evidence obtained through a search warrant and a Mutual Legal Assistance Treaty request, alleging material non-disclosure in the warrant materials.

The court held that omitted information concerning photographs used as a ruse to obtain an IP address and an adults-only click-through requirement on a website did not undermine reasonable and probable grounds for either authorization.

The court further found the omissions were inadvertent rather than deliberate, deceptive, or in bad faith.

The application under ss. 8 and 24(2) of the Charter was dismissed.

The accused was tried on child luring, making sexually explicit material available to a child, and child pornography counts arising from sexualized Craigslist communications with an undercover officer posing as a 14-year-old girl and with six other purported underage girls.

Applying the post-Morrison framework, the court held that the ASD evidence gave an air of reality to the reasonable-steps defence, but rejected the accused's evidence on the merits as not credible and not reasonably raising a doubt.

The court found beyond a reasonable doubt that the accused believed the Addy persona and the other relevant correspondents were underage, and that his communications and sexually explicit transmissions were for the purpose of facilitating designated sexual offences and the making of child pornography.

Findings of guilt were entered on all 14 counts, with Kienapple submissions deferred.

The offender pleaded guilty to the second-degree murder and dismemberment of his business partner following a dispute over a $1.3 million debt.

The Crown and defence jointly submitted a sentence of life imprisonment with no parole eligibility for 14 years for the murder, and 5 years concurrent for the indignity to a human body.

The court accepted the joint submission, noting the horrific nature of the crime, the offender's lack of a prior record, and his guilty plea.

A 29-year-old first-time offender pleaded guilty to possession of 190 grams of ketamine for the purpose of trafficking and possession of $470.00 in proceeds of crime.

The offences occurred in December 2013 when police executed a search warrant.

The court balanced aggravating factors (the dangerous nature of ketamine and trafficking for commercial gain) against significant mitigating factors (youthful offender with rehabilitation prospects, single father caring for a 10-year-old daughter, hard-working, guilty plea, clean bail record, and no criminal history).

The court imposed a 6-month jail sentence for the trafficking charge and an 18-month conditional sentence followed by 2 years probation for the proceeds charge, with strict conditions including house confinement for the first 6 months and a curfew thereafter.

The accused pleaded guilty to failing to remain at the scene of an accident and render assistance, contrary to section 252(1.3) of the Criminal Code, after his tractor-trailer struck a van on the Queen Elizabeth Way, resulting in the death of an eleven-year-old child and injuries to eight other occupants.

The Crown sought 90 days imprisonment; the defence sought a suspended sentence, conditional sentence, or intermittent sentence.

The court rejected both suspended and conditional sentences as inconsistent with the principles of denunciation and general deterrence required for this offence.

The court imposed an intermittent sentence of 90 days, probation for three years with conditions including 150 hours of community service, and a driving prohibition.