Perry Schott

The accused, charged with firearms offences, brought a Charter s. 8 application challenging the validity of a search warrant executed at a residence where loaded firearms and ammunition were seized.

The court found the search warrant invalid due to insufficient corroboration of the confidential informant's information regarding the presence of the firearms at the time of the search, resulting in a s. 8 Charter breach.

However, applying the Grant framework under s. 24(2) of the Charter, the court admitted the evidence, finding the police acted in good faith and the serious nature of the offences favoured adjudication on the merits.

The accused was charged with sexual assault following an incident at a party.

The Crown alleged the accused engaged in non-consensual intercourse with the complainant while she was highly intoxicated and incapable of consenting.

The defence argued the sexual activity was consensual and occurred later in the accused's van.

The court found the complainant's evidence credible and supported by toxicology and forensic evidence, while rejecting the accused's version of events due to significant inconsistencies.

The court concluded the complainant was incapable of consent due to intoxication and found the accused guilty of sexual assault.

The accused was charged with sexual assault following an incident at a house party.

The complainant consumed a significant amount of alcohol and marijuana, becoming highly intoxicated, and fell asleep in the master bedroom.

The accused allegedly had non-consensual intercourse with her while she was asleep or unconscious.

The accused claimed the intercourse was consensual and occurred later in his van.

The court found the complainant was incapable of consenting due to severe intoxication and that the accused sexually assaulted her in the bedroom.

The accused was found guilty.