Peter Barnes

The self-represented accused applied for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.

He was charged with intimidation of a justice system participant, and the anticipated time from charge to trial was 33 months.

The court found that a four-month delay during the preliminary hearing was attributable to the accused, as he failed to complete his cross-examination in the allotted time and subsequently waived the remainder after an adjournment.

Deducting this defence delay brought the net delay below the 30-month presumptive ceiling.

The application was dismissed.

The offender, a 26-year-old member of the Canadian Forces, pleaded guilty to possession for the purpose of trafficking cocaine and methamphetamine, and breach of recognizance.

Despite the usual range for such offences being a penitentiary term, the court emphasized the offender's severe lifelong addictions, his efforts at rehabilitation, and the potential loss of his military career.

The court imposed a sentence of 60 days intermittent custody followed by a 12-month conditional sentence to allow the offender to maintain his employment and continue treatment.

The accused was charged with multiple offences, including impaired driving causing death and dangerous driving causing death, following a single-vehicle collision that resulted in the death of one passenger and injuries to another.

The central issue at trial was the identity of the driver.

The court analyzed extensive civilian and expert evidence, including accident reconstruction, occupant kinematics, and medical records.

The court concluded beyond a reasonable doubt that the accused was the driver of the vehicle at the time of the collision and entered findings of guilt on all counts.

The 63-year-old accused, a first-time offender, was convicted of five counts of sexual assault against five female victims.

The accused held himself out as a healer and touched the victims inappropriately under the guise of providing treatment.

Psychiatric assessment revealed the accused suffered from a delusional disorder regarding his healing abilities and lacked insight or remorse.

The court emphasized the extreme breach of trust and the need for deterrence and rehabilitation, sentencing the accused to 14 months in a provincial reformatory followed by three years of probation to facilitate ongoing psychiatric treatment.

The Crown applied to admit similar fact evidence across multiple counts of sexual assault allegedly committed by an unlicensed therapist against several patients during treatment sessions.

The defence argued the alleged acts were insufficiently similar and raised the possibility of collusion among complainants.

Applying the governing principles from appellate jurisprudence on similar fact evidence, the court assessed the similarities, differences, and the risk of prejudice, as well as whether an air of reality existed regarding collusion.

The court found sufficient similarities among three complainants’ accounts involving inappropriate touching of breasts and vaginal areas during therapy sessions and unusual post‑contact behaviour to render coincidence improbable.

While an air of reality to possible collusion existed due to community connections, the Crown established on a balance of probabilities that no improper collusion occurred.

Similar fact evidence from three complainants was admitted, while the evidence of two others was excluded due to insufficient similarity.