Pierre Lambert-Bélanger

The appellant, Royce Bilusak, appealed his convictions on seven counts, including mischief, theft, and breach of undertaking, stemming from a dispute with a neighbour.

The Crown conceded the appeal for four counts (two theft, two mischief related to bricks and a fence) due to a colour of right argument based on a survey, citing judicial efficiency.

The appeal proceeded on the remaining two counts: mischief for obstructing property enjoyment and breach of undertaking for attending a prohibited address.

The court dismissed the appeal on these two counts, finding no palpable and overriding error in the trial judge's factual findings, no apprehension of bias, and no misapplication of the W.(D.) test.

The court also rejected the appellant's argument that being on a city road allowance within a driveway negated the breach of undertaking, emphasizing a common-sense interpretation of the condition.

The accused, M.C.D., faced 13 charges, including assault and sexual assault, involving his former spouse and two children.

Three charges were withdrawn by the Crown.

The court acquitted the accused of the remaining charges, finding significant issues with the credibility and reliability of the Crown's witnesses (the former spouse and children).

The judge noted numerous inconsistencies, embellishments, improbabilities, and evidence of collusion in their testimonies, which created a reasonable doubt regarding the accused's guilt.

Stephanie Slack pleaded guilty to trafficking fentanyl.

The Crown sought a provincial custodial sentence, while the defence argued for a conditional sentence based on the defendant's significant rehabilitation.

The court, emphasizing denunciation and deterrence for fentanyl trafficking but also considering rehabilitation, determined that a conditional sentence of two years less one day, followed by two years probation, was appropriate.

The judge found that a conditional sentence, with sufficiently punitive conditions, could achieve the sentencing objectives without hindering the defendant's progress in recovery and employment, even if exceptional circumstances were not strictly required.