3 total
Despite finding multiple Charter breaches during a warrantless vehicle search based on cannabis odour, the court admitted the seized firearms and drugs under section 24(2).
The applicant brought a Charter application alleging infringements of his ss. 8, 9, and 10(a) and (b) rights following a vehicle stop and search that led to charges for drug and firearm offences.
The court found that the police search of the vehicle was unlawful and unreasonable due to a lack of reasonable and probable grounds under the Cannabis Act, and that the applicant's detention became unlawful and arbitrary, infringing his ss. 8, 9, and 10(a) and (b) Charter rights.
However, applying the Grant factors under s. 24(2) of the Charter, the court determined that the seriousness of the charges and the high reliability and importance of the evidence to the prosecution's case outweighed the Charter breaches, leading to the admission of the seized evidence.
Application to admit unknown third-party suspect evidence dismissed due to insufficient connection to charged offences.
At the commencement of their trial for a home invasion and assault, the accused brought an application to admit evidence of unknown third-party suspects.
The defence sought to cross-examine the complainant on three prior break-and-enter incidents and introduce Facebook photos of the complainant with firearms, arguing the attack was perpetrated by individuals in the drug subculture rather than the accused.
The court dismissed the application, finding an insufficient connection between the prior incidents and the current crime to meet the relevancy threshold required for third-party suspect evidence.
Liquor licence suspended for 10 days for exceeding capacity limit, based on joint submission.
The Registrar issued a Notice of Proposal to suspend the liquor licence of 1128628 Ontario Limited, operating as Johnny Shotz Billiards and Café, for exceeding the licensed capacity of the premises.
The parties proceeded by way of an Agreed Statement of Facts and Joint Submission on Disposition, admitting that 95 people were present in an area licensed for 50 people.
The Board accepted the joint submission and ordered a 10-day suspension of the liquor licence.