5 total
The court sentenced the offender to 6.5 years for fentanyl trafficking, treating harsh pre-sentence custody as a mitigating factor rather than granting extra mathematical credit.
Rushaune Champagnie pleaded guilty to two counts of possession of fentanyl for the purpose of trafficking.
The Crown sought an 8-year sentence, while the defence sought 7 years with additional credit for harsh pre-sentence custody conditions.
The court imposed a sentence of 6.5 years concurrent on both counts, acknowledging the serious nature of the offence and the offender's lengthy record, but also considering his difficult upbringing, significant mitigating circumstances, and particularly harsh pre-sentence custody conditions.
The court declined to apply additional credit for lockdown days beyond the statutory Summers credit, instead treating harsh conditions as a mitigating factor.
Evidence excluded and accused acquitted after unlawful pat-down search during execution of a search warrant.
The accused was charged with possession of drugs for the purpose of trafficking after police found cocaine, heroin, and fentanyl on him during a pat-down search.
The search occurred while police were executing a search warrant at an apartment where the accused was sleeping.
The accused applied to exclude the evidence, arguing the search violated his rights under s. 8 of the Charter.
The court found that while the police had grounds to detain the accused, they had no reasonable basis to conduct a safety pat-down search.
Applying the Grant framework, the court concluded the admission of the evidence would bring the administration of justice into disrepute.
The evidence was excluded, and the accused was acquitted.
The court dismissed the accused's Charter applications regarding right to counsel and convicted him of driving with excess alcohol.
The accused was charged with driving with excess alcohol contrary to section 253(1)(b) of the Criminal Code.
The accused brought a Charter application alleging that he was not provided his rights to counsel in a timely manner and was unable to consult with his counsel of choice.
The court found a technical breach of section 10(b) regarding the delay in providing rights to counsel (14 minutes from arrest to provision of rights), but determined that the evidence should be admitted under section 24(2) analysis.
The court also found no breach regarding the failure to provide counsel of choice, as the officer acted with reasonable diligence and the accused failed to act diligently in exercising his rights.
The accused was found guilty.
Adult sentences imposed on three youths convicted of planned execution-style murder.
Following convictions for first degree murder committed when the offenders were young persons, the Crown applied for adult sentences under s. 72 of the Youth Criminal Justice Act.
The court assessed the seriousness of the offence, the personal circumstances and criminal histories of the young persons, and broader societal interests including accountability and public protection.
The murder was a planned execution-style killing involving coordinated roles by each offender and subsequent efforts to conceal involvement.
Although two offenders were eligible for Intensive Rehabilitative Custody and Supervision orders, the court concluded that youth sentences would not provide sufficient accountability or protection of the public.
Adult sentences were therefore imposed on all three young persons.
Three young persons found guilty of first-degree murder based on text messages and surveillance; one acquitted.
Four young persons were charged with the first-degree murder of a sixteen-year-old victim who was shot and killed in a residential building staircase.
The Crown alleged that the accused lured the victim into the staircase as part of a planned and deliberate execution, relying heavily on surveillance video and extensive text message evidence containing gang slang.
The court found three of the accused guilty as joint principals or aiders, concluding they orchestrated and executed the plan.
The fourth accused was found not guilty, as the evidence raised suspicions but failed to prove his involvement beyond a reasonable doubt.