R. Golec

The Crown brought pre-trial applications to admit extrinsic discreditable conduct evidence against the accused, who is charged with second-degree murder.

The evidence included text messages about purchasing a firearm, videos of the accused with handguns, and witness testimony about prior gun possession.

The Crown also sought to qualify a police officer as an expert in firearm identification to testify that the guns in the videos were real.

The court excluded the text messages due to their prejudicial effect but admitted the videos, the expert testimony, and the witness testimony, finding their probative value in showing the accused's access to a firearm capable of being the murder weapon outweighed any prejudicial impact.

The offender pleaded guilty to two counts of possessing a loaded prohibited firearm and one count of breaching a recognizance.

The court determined a fit global sentence was 4.5 years.

After applying Summers credit for time served, Downes credit for strict bail conditions, and a significant Duncan credit for harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic, the remaining sentence was two years less a day.

Finding that the offender had strong rehabilitative prospects and that further incarceration would be unduly harsh and counterproductive, the court ordered the remaining sentence to be served conditionally in the community.

The United States sought the extradition of three respondents for their alleged participation in a scheme to defraud a major technology company's retail stores by manipulating point-of-sale devices.

One respondent consented to committal.

The remaining two respondents argued there was insufficient evidence of their identity and participation to justify committal.

Applying the test under section 29(1) of the Extradition Act and the standard from Ferras, the court found that a reasonable jury, properly instructed, could find both respondents guilty based on the certified record of the case, which included video surveillance, co-conspirator evidence, and loss prevention testimony.

Committal for surrender was ordered for all respondents.