Robert Frederick Skeggs

This appeal concerns the sufficiency of reasons provided by a trial judge in a conviction for assault causing bodily harm.

The appellant, Sarah Bannon, argued that the trial judge failed to address or analyze the defence of self-defence, which was the central issue at trial.

The Superior Court found that the trial judge’s reasons did not mention self-defence or the relevant legal framework, preventing meaningful appellate review.

The conviction was set aside and a new trial ordered.

This decision concerns the youth sentencing of J.S., who was found guilty of attempted murder, aggravated assault, and sexual assault after a jury trial.

The Crown's application to sentence J.S. as an adult was previously dismissed.

The court applied the principles of the Youth Criminal Justice Act (YCJA), emphasizing accountability, rehabilitation, and reintegration, while also considering the diminished moral blameworthiness of youth.

Aggravating factors included intimate partner violence, use of a weapon, unprovoked attack, victim vulnerability, serious injuries, and the offender leaving the victim to die.

Mitigating factors included no prior record and a pro-social life.

The court imposed a blended youth sentence, balancing denunciation and deterrence with rehabilitation, resulting in secure custody, open custody, and community supervision.

A youth offender, H.K., was found guilty of failing to comply with a recognizance and sexual assault involving choking/suffocation.

The court considered a presentence report and psychological assessment detailing H.K.'s extensive history of mental health issues, childhood trauma, unstable living arrangements, and Indigenous ancestry.

Despite the Crown seeking custody and supervision, the court imposed a two-year probation order, a two-year weapons prohibition, and a DNA order.

The decision emphasized the unique and exceptional circumstances of the youth, including his diminished moral blameworthiness and intellectual difficulties, which influenced his lack of insight and remorse.

The court found that an extended period of probation, rather than custody, would best serve the rehabilitative and reintegrative principles of the Youth Criminal Justice Act.

The accused, Joseph Gingras, pleaded guilty to aggravated assault and arson causing damage to property.

The charges stemmed from an incident where, while intoxicated, he poured gasoline on himself and the victim, Thomas Boissoneau, in an attempt to dissuade Boissoneau from suicidal ideations, leading to a fire that severely burned Boissoneau and destroyed a residence.

The court considered aggravating factors, including the severe impact on victims and the inherently dangerous conduct, alongside mitigating factors such as the guilty plea, remorse, and the accused's Indigenous background, which necessitated the application of Gladue principles.

The court imposed a global sentence of six-and-a-half years imprisonment, emphasizing denunciation and deterrence while acknowledging rehabilitation efforts.

The accused, Jason Cunningham, sought a detention review under s. 525 and a bail review under s. 520 of the Criminal Code of Canada, arguing that the COVID-19 pandemic and a new release plan warranted his release pending trial.

The court acknowledged COVID-19 as a material change in circumstances but dismissed both applications.

The judge found that the accused's detention remained necessary on secondary grounds due to a substantial likelihood of re-offending, given his probable involvement in the drug trade, a recent criminal record for violence, and poor self-control.

Detention was also necessary on tertiary grounds to maintain confidence in the administration of justice, considering the seriousness of the firearms and drug-related charges and the strength of the Crown's case, even when factoring in pandemic-related concerns.

B.S. was convicted of indecent assault, a historical offense occurring almost 40 years prior.

The Crown sought a custodial sentence of 12 to 18 months, while the offender requested a conditional sentence or a "short, sharp" intermittent sentence.

The court considered aggravating factors, including the escalation of abusive behavior, the significant age disparity between the offender (18-20) and the victim (10-13), the victim's vulnerability, and the profound, lasting impact on the victim as detailed in her victim impact statement.

Mitigating factors included the offender's age (56), a positive pre-sentence report, gainful employment, positive community contributions, past efforts to address depression and substance abuse, and no prior custodial sentences.

The court determined that a conditional sentence would not adequately address the principles of denunciation and general and specific deterrence, which are paramount in sexual offense cases against children.

A "short, sharp" sentence was also deemed inadequate.

The court imposed a custodial sentence of 18 months, followed by three years of probation with specific conditions, a DNA order, and a 20-year SOIRA order.

A requested order under section 161(1) of the Criminal Code was denied as unnecessary given the offender's history since the offense.

This motion concerned arrangements for the child Karmyn's First Communion.

The Mother (applicant for the motion) sought to organize the event in Windsor, while the Father (respondent for the motion) insisted on his regular access schedule, which conflicted with the proposed dates, and suggested a second communion in Sault Ste.

Marie.

The court prioritized the child's wish for both families to be together for the event.

The court ordered the First Communion to take place in Windsor on May 20, 2017, allowing both parents and their families to attend.

Specific access times were ordered for both parents around this event, and additional access was granted to the Mother on May 27, 2017, in Sault Ste.

Marie, in light of the recent passing of her father.

The court emphasized the need for parental flexibility and cooperation in the child's best interests, particularly during significant religious observances and family bereavements.