P. Munn

The offenders, both of aboriginal descent, pleaded guilty to offences arising from an altercation at a private residence.

Doxtator pleaded guilty to possession of a weapon for a dangerous purpose, and Elijah pleaded guilty to assault.

The court applied Gladue principles, noting both offenders' difficult backgrounds and recent rehabilitative efforts.

Doxtator received a suspended sentence and 18 months' probation.

Elijah, who caused significant facial injuries to the victim, received a 45-day intermittent custodial sentence and 18 months' probation.

Accused charged with drug offences sought exclusion of evidence seized from residences pursuant to search warrants under the Controlled Drugs and Substances Act, alleging breaches of ss. 8 and 24(2) of the Charter.

The court conducted a Garofoli review of the Information to Obtain and found the warrants were issued without sufficient grounds.

The police had re‑submitted essentially the same ITO to a different judicial officer after a justice of the peace refused the warrant, amounting to impermissible judge‑shopping and misleading drafting.

The search warrants were therefore invalid and the searches constituted unreasonable searches contrary to s. 8 of the Charter.

Applying the Grant framework, the court held the seriousness of the police misconduct and the impact on the accused’s privacy interests outweighed society’s interest in adjudicating the case on its merits.

The aboriginal accused, charged with sexual interference and sexual assault, challenged the jury array under s. 629(1) of the Criminal Code, arguing the sheriff was guilty of partiality because the jury panel contained no persons of aboriginal heritage.

The court reviewed the extensive efforts made by the sheriff and the Ministry of the Attorney General to obtain updated band lists from local First Nations reserves, which were unsuccessful due to a lack of response from band chiefs.

Distinguishing the Court of Appeal's decision in R. v. Kokopenace, the court found the sheriff's efforts were conducted in good faith, without bias, and were reasonable under the circumstances.

The application was dismissed.