Robert Chartier

The court sentenced Kane Alexander Underhill for aggravated assault after a guilty plea.

The facts involved a violent, unprovoked two-on-one attack on a vulnerable, homeless victim, resulting in severe injuries.

The court considered the aggravating and mitigating circumstances, including Mr. Underhill’s Indigenous background, substance abuse, harsh pre-sentence custody, and prospects for rehabilitation.

The court imposed a seven-year sentence, less pre-sentence custody, and made ancillary orders including a lifetime weapons prohibition and DNA order.

Jameel Vanderhyden-Steaman pled guilty to possession of an unloaded prohibited firearm with readily accessible ammunition contrary to s. 95(1) of the Criminal Code.

The sentencing was delayed due to the unavailability of an Impact of Race and Culture Report, resulting in an Enhanced Pre-Sentence Report addressing racial factors.

The court considered aggravating factors including possession in a vehicle on a public road and being wanted on an outstanding warrant, alongside numerous mitigating factors such as youth, lack of criminal record, employment, family support, and the impact of systemic anti-Black racism.

The judge found that a penitentiary sentence was not required and imposed a conditional sentence of 2 years less a day, with enhanced credit for time served under strict house arrest conditions, along with ancillary orders including DNA sample, weapons prohibition, victim fine surcharge, and forfeiture of seized items.

The applicant, Gaddiel Ledinek, sought a bail review after being denied release on secondary and tertiary grounds for serious firearms offences.

The court found a material change in circumstances due to a strengthened supervision plan involving three new sureties, 24/7 house arrest, electronic monitoring, and a home security system.

Despite the seriousness of the charges, the applicant's criminal record, and the strong Crown case, the court found the proposed plan sufficiently robust to address public safety concerns and maintain confidence in the administration of justice.

The bail review was granted, and Ledinek was released on strict conditions.

The accused was arrested following a motor vehicle collision on Highway 400.

During the accident investigation, he provided false identification to police.

A search of his vehicle revealed a loaded handgun with an overcapacity magazine containing 13 rounds of ammunition, which had been stolen in the United States.

The accused pleaded guilty to possession of a prohibited firearm contrary to s. 95 of the Criminal Code and possession of a firearm knowing its serial number was defaced contrary to s. 92.

The court imposed a sentence of 14 months incarceration (reduced from 18 months to account for COVID-19 collateral consequences), plus three years probation, with credit for presentence custody and restrictive bail conditions.

The accused, Moses Atule, brought applications alleging breaches of his Charter rights under s. 10(a) (right to be informed of reasons for arrest) and s. 8 (unreasonable search and seizure related to a strip search).

The Crown brought an application to admit a video interview of the accused.

The court dismissed Atule's applications, finding no Charter breaches, and granted the Crown's application to admit the video interview.

The court found that Atule had sufficient information to understand his jeopardy despite not being told the specific drug, and that the strip search, while imperfect in adhering to all Golden guidelines, maintained his dignity.

The video interview was found to be voluntary.

The accused, Daniel Stojanovski and Darko Stojanovski, were found guilty by a jury of attempted murder and discharging a firearm with intent to endanger life.

The charges stemmed from a cold-blooded shooting in a residential neighbourhood that left the victim, Nassundu Williams, an incomplete quadriplegic.

The Crown sought a life sentence, while the defence proposed 12 to 15 years.

The court considered aggravating factors, including the use of loaded handguns in a populated area and the catastrophic harm to the victim, and mitigating factors such as Darko Stojanovski being a first offender and both accused having family support and taking rehabilitative steps during pre-sentence detention.

Enhanced credit for pre-sentence detention, including additional credit for harsh lockdown conditions, was granted.

The court emphasized denunciation and deterrence as primary objectives.

During a jury trial for historical sexual assault, the accused brought a Corbett application to exclude portions of his criminal record from cross-examination.

The court excluded two prior convictions for assault causing bodily harm due to the risk of propensity reasoning, but permitted cross-examination on a conviction for escaping lawful custody and 27 other offences of dishonesty.

When the accused subsequently testified and falsely claimed he had not been in trouble with the police since 1994, the Crown applied under s. 666 of the Criminal Code to cross-examine him on two excluded 1997 convictions.

The court permitted the Crown to cross-examine on the existence of the convictions and the sentence, but not the specific charges, to balance the right to challenge good character evidence against the risk of trial unfairness.