COURT FILE NO.: CR-21-90000-173 DATE: 20220426 ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN Bari Crackower and Amanda Webb for the Crown

• and -

CHRISTOPHER JANISSE Gregory Lafontaine and Julia Kushnir for Mr. Janisse

HEARD: March 27, 2022

REASONS FOR JUDGMENT

CORRICK J.

Overview

[1] Christopher Janisse is charged in an eight-count indictment with four counts of possession of various substances listed in Schedule I of the Controlled Drugs and Substances Act for the possession of trafficking, three counts of trafficking in cocaine, and possession of proceeds of crime of a value exceeding $5,000.

[2] The charges arise from a police investigation of Mr. Janisse during the month of June 2019 that culminated in the execution of three search warrants and the arrest of Mr. Janisse on June 27, 2019. Throughout the month of June, police surveilled Mr. Janisse. A tracking device was installed on his car on June 7, pursuant to a warrant. Police also obtained a general warrant that allowed them to enter unit 601 at 105 The Queensway, where police believed Mr. Janisse was storing drugs.

[3] The trial was based on a written Statement of Facts and Admissions and accompanying exhibits. The defence called no evidence.

[4] The specific charges alleged against Mr. Janisse in the indictment are as follows: Count 1 – June 19, 2019 – possession cocaine for the purpose of trafficking Count 2 – June 19, 2019 – possession fentanyl for the purpose of trafficking Count 3 – June 19, 2019 – possession crystal methamphetamine for the purpose of trafficking Count 4 – June 21, 2019 – traffic cocaine Count 5 – June 25, 2019 – traffic cocaine Count 6 – June 27, 2019 – traffic cocaine Count 7 – June 27, 2019 – possession cocaine for the purpose of trafficking Count 8 – June 27, 2019 – possession of proceeds of crime ($96,920.00)

Positions of the Parties

[5] Mr. Lafontaine, on behalf of Mr. Janisse, concedes that the Crown has proven its case beyond a reasonable doubt on counts 1, 7 and 8, and invites the court to make findings of guilt on those counts.

[6] The Crown’s case on the remaining counts is primarily circumstantial. Ms. Crackower, on behalf of the Crown, submits that Mr. Janisse’s guilt is the only reasonable inference available on the basis of the agreed facts. Mr. Lafontaine submits that the agreed facts fall short of proving the remaining counts beyond a reasonable doubt because other reasonable inferences are available.

The Facts

[7] Mr. Janisse had been the registered tenant of unit 1505 at 15 Zorra Street since October 2, 2018. He drove a black Mazda 3 with licence plate CBCS 149, which was also registered to that address.

[8] Police observed Mr. Janisse accessing unit 601 at 105 The Queensway twelve times between June 4 and June 27, 2019. The unit was a one-bedroom condominium leased to someone with no known association with Mr. Janisse. Only one active key fob was associated with this unit. No one else was observed to access the unit during the investigation.

[9] Police officers entered the unit for the first time on June 19, 2019, pursuant to a general warrant. There was no food or clothing in the unit. There were two large, locked Sentry safes in a hallway leading to the bedroom. There was a towel over each safe and an empty suitcase beside each one. Each safe was housed in its own white cabinet.

[10] Throughout the investigation, Mr. Janisse was observed driving into the underground parking garage at 105 the Queensway, using the key fob to enter the building, taking the elevator to a floor other than 6, and entering the 6th floor from the stairwell. Similarly, he was observed to take an elevator from a floor other than 6 to return to the parking garage, or he used the stairwell. He was often observed carrying various backpacks, duffle bags and gym bags.

[11] A tracking device was installed on Mr. Janisse’s Mazda on June 7, 2019. The device was replaced on June 11, 2019, as it was having difficulty with the GPS locator on June 8, 9, and 10, 2019. The replacement device had the same difficulties on June 12, 2019.

Events of June 19, 2019 – Counts 1, 2, 3

[12] On June 19, 2019, at 11:15 a.m., Mr. Janisse drove from 15 Zorra Street to Sherway Gardens mall. He parked his car, got out and walked towards the mall. Before entering the mall, he turned around and walked to a black BMW. He got into the passenger side of the BMW, which drove through the parking lot and parked beside Mr. Janisse’s Mazda.

[13] Mr. Janisse got out of the BMW and removed a weighted black Puma gym bag from the BMW’s trunk. He placed the bag in his Mazda and drove directly to 105 The Queensway.

[14] At 12:19 p.m. on June 19, 2019, Mr. Janisse entered the elevator of 105 The Queensway from the parking garage level P1 carrying the black Puma gym bag. He got off the elevator on an unknown floor and at 12:22 p.m., exited the stairwell across from unit 601 still carrying the Puma gym bag. He entered unit 601 using a key. He left 105 The Queensway 40 minutes later with the weighted Puma gym bag. After driving to a nearby grocery store, he returned to 15 Zorra Street.

[15] At 11:25 p.m. that night, police covertly entered unit 601 at 105 The Queensway pursuant to a general warrant. They discovered the two safes that I earlier described.

[16] In safe #1, police found 9.732 kilograms of cocaine packaged in nine separate kilogram bricks, a black garbage bag containing six empty kilogram wrappers, a silver digital scale and a roll of duct tape. If sold at the kilogram level, the cocaine was worth between $432,000 and $477,000. This cocaine is the subject matter of count 1. Mr. Janisse admits that he possessed this cocaine for the purpose of trafficking.

[17] In safe #2, police found 1.949 kilograms of fentanyl packaged in two separate kilogram bricks, 36 grams of crystal methamphetamine, a roll of duct tape, and a box of ammunition. The value of the fentanyl, if sold at the kilogram level, was between $96,000 and $106,000. The crystal methamphetamine, if sold at the ounce level, was worth between $800 and $1,200. The fentanyl is the subject matter of count 2. The crystal methamphetamine is the subject of count 3.

[18] Police photographed the contents of both safes. During this covert entry, the police disabled the handle to safe #2.

Events of June 21, 2019 – Count 4, trafficking cocaine

[19] The vehicle tracker data revealed that Mr. Janisse did not attend unit 601 at 105 The Queensway after the police had entered the unit on June 19 until June 21, 2019. On that date, at 9:00 a.m., Mr. Janisse drove from 15 Zorra Street to 105 The Queensway. He entered the elevator from level P1 carrying a full brown backpack. He got off the elevator on the 8th floor.

[20] He left the building 55 minutes later carrying the brown backpack. Mr. Janisse drove to the area of 90 Park Lawn Road, where at 10:01 a.m. a male got into the front passenger seat of Mr. Janisse’s car carrying a weighted black backpack. Mr. Janisse drove with the male into the underground parking garage at 88 Park Lawn Road. Four minutes later, Mr. Janisse left the underground parking garage alone in his car.

[21] Mr. Janisse then drove to 2075 Sheppard Avenue East where a male entered the front passenger seat of the Mazda. He was empty-handed. Four minutes later, the male got out of the car outside of 2015 Sheppard Avenue East carrying a weighted red gift bag. Mr. Janisse drove back to 15 Zorra Street.

[22] At 1:24 p.m., police covertly entered unit 601 at 105 The Queensway. The unit and the safes were unchanged from June 19 except there were now only eight kilograms of cocaine in safe #1, one less than on June 19.

[23] These events are the subject of count 4, trafficking in cocaine.

Events of June 25, 2019 – Count 5, trafficking cocaine

[24] Vehicle tracker data revealed that Mr. Janisse had not attended unit 601 between the covert entry of police on June 21 and 3:20 p.m. on June 25, 2019. At that time, Mr. Janisse entered unit 601 carrying a brown backpack. He left the unit 24 minutes later with the same backpack and returned to 15 Zorra Street.

[25] At 8:02 p.m. Mr. Janisse and a woman drove to Sherway Gardens mall. The woman went into a store and Mr. Janisse drove to an elevated parking garage. He parked, got out of his car carrying a weighted black Puma bag, and got into the front passenger seat of a Chrysler 300 driven by another man. Mr. Janisse exited the Chrysler a short time later carrying the black Puma bag, which was noticeably lighter in weight. He and the woman left the mall and returned to 15 Zorra Street at 8:55 p.m.

[26] Police covertly entered unit 601 at 9:20 p.m. that night. The unit and safes were unchanged from June 21 except there were three fewer kilograms of cocaine in safe #1.

[27] These events are the subject of count 5, trafficking in cocaine.

Events of June 26, 2019 – Replacement of Fentanyl

[28] During a covert entry into unit 601 on June 26, 2019, police removed the two kilograms of fentanyl that were stored in safe #2 and replaced them with an inert substance that was packaged to look the same.

Events of June 27, 2019 – Count 6, trafficking in cocaine

[29] At 11:15 a.m. on June 27, 2019, Mr. Janisse drove from 15 Zorra Street to 105 The Queensway. He entered unit 601 using a key. He was carrying a brown backpack and a plastic bag. He left the unit 42 minutes later carrying only the brown backpack. He used the stairs to exit the floor.

[30] He drove to a Walmart parking lot near Sherway Gardens mall and parked next to a black Nissan driven by Minja Ljumovic. Mr. Ljumovic sat in the front passenger seat of Mr. Janisse’s Mazda for two minutes and then got out carrying a black duffle bag. He returned to his own car, and the two men parted ways. Mr. Janisse drove to 15 Zorra Street.

[31] Police covertly entered unit 601 at 12:39 p.m. the same day and discovered that there were two fewer kilograms of cocaine in safe #1 than there were on June 25, 2019.

[32] Police followed Mr. Ljumovic after his meeting with Mr. Janisse. When Mr. Ljumovic was stopped near Windsor, Ontario, police found the black duffle bag in the driver’s side of his car and two kilograms of cocaine in the ceiling of his car.

[33] These events are the subject of count 6, trafficking in cocaine.

[34] At 3:40 p.m. on June 27, Mr. Janisse drove from 15 Zorra Street to the above ground parking area for 155/165 Legion Road North. He reversed into a spot so that he was trunk‑to‑trunk with two SUVs. The trunks of both SUVs were open, and two men were standing at the rear. Mr. Janisse obtained a black duffle bag, which he placed in his Mazda. He then drove directly to 105 The Queensway where he entered unit 601 carrying the black duffle bag.

Execution of Search Warrants, June 27, 2019 – Counts 7 & 8 – Possession of cocaine for the purpose of trafficking, possession of property obtained by crime

[35] At 4:15 p.m. on June 27, 2019, police executed a search warrant on unit 601 at 105 The Queensway. Mr. Janisse was in the bedroom. He was wearing blue latex gloves. In the same bedroom, police found the following items.

1. Three kilograms of cocaine on the bed.
2. Nine kilograms of cocaine stacked on top of a bureau. One kilogram was cut open. A knife and scissors were beside it.
3. A black Puma duffle bag on the bed.
4. Three cell phones on the bed.
5. A digital scale on the bed.
6. A roll of duct tape, a black Sharpie pen, and tin foil on the bed.
7. A pack of clear plastic vacuum wrap on the bureau.
8. A large black garbage bag with eight empty kilo wrappers inside.
9. An empty duct tape roll and miscellaneous ends of plastic in a drawer of the bureau.

[36] The value of the 12 kilograms of cocaine found in the bedroom, if sold at the kilogram level was between $576,000 and $636,000. This cocaine is the subject matter of count 7. Mr. Janisse admits that he possessed this cocaine for the purpose of trafficking.

[37] Two vacuum sealer machines were found in the kitchen. A set of keys, which included a Mazda key, was found on the kitchen table.

[38] The same two safes that had been observed by the police during their previous covert entries were in the unit. A key ring with several keys was found on top of safe #1. It contained the key fob for the entrance of 105 The Queensway, the key to unit 601, the key for safe #1 and the key for safe #2.

[39] Safe #1 was open when police entered the unit. It contained the remaining three kilograms from the original nine-kilogram quantity, as well as the following items, which were not in the safe when police saw it at 12:39 p.m. that day.

1. Twenty-eight grams of fentanyl in vacuum wrap.
2. Five grams of additional fentanyl.
3. Seventeen grams of cocaine in a clear baggie.
4. A yellow knife and silver spoon.

[40] Safe #2 was locked when police entered the unit. Police seized it. It contained the two kilograms of replacement fentanyl and 36 grams of crystal methamphetamine.

[41] On the same day, police executed a search warrant on unit 1505 at 15 Zorra Street. They found $2,330 in Canadian currency in a trap compartment in a piece of furniture.

[42] The next day, June 28, police executed a search warrant on Mr. Janisse’s Mazda and found $96,920.00 in a hidden compartment. This money is the subject matter of count 8. Mr. Janisse admits that he possessed it.

Applicable Legal Principles

[43] My analysis of the evidence in this trial is governed by some fundamental principles.

[44] The first is the presumption of innocence. Mr. Janisse is presumed innocent unless and until Crown counsel proves his guilt beyond a reasonable doubt.

[45] Second, the Crown bears the burden of proving Mr. Janisse’s guilt beyond a reasonable doubt. This standard is a heavy burden. It is not enough for me to believe that Mr. Janisse is probably guilty. On the other hand, it does not require the Crown to establish his guilt with absolute certainty. Nevertheless, proof beyond a reasonable doubt is much closer to absolute certainty than it is to proof of probable guilt: R. v. Starr, 2000 SCC 40, [2000] 2 S.C.R. 144, at para. 242.

[46] Third, because most of the Crown’s case rests on circumstantial evidence, I must be satisfied that the only reasonable inference that arises from the evidence is that Mr. Janisse is guilty: R. v. Villaroman, 2016 SCC 33, at para. 20. Reasonable inferences alternative to guilt can arise from evidence or an absence of evidence: Villaroman, at para. 35. Alternative inferences must be based on logic and human experience, not on speculation: Villaroman, at para. 37. If there are reasonable inferences other than guilt, the Crown will not have established Mr. Janisse’s guilt beyond a reasonable doubt.

[47] The court must assess the evidence as a whole to determine whether it meets the requisite standard of proof. The standard of reasonable doubt does not apply to individual pieces of circumstantial evidence. I must determine whether the Crown has met its onus of proof of guilt beyond a reasonable doubt after considering the cumulative effect of all of the evidence: R. v. Morin, [1988] 2 S.C.R. 345, at p. 361; R. v. Lights, 2020 ONCA 128, at para. 37; R. v. Smith, 2016 ONCA 25, at paras. 81-82.

Analysis

[48] As I have already indicated, Mr. Janisse concedes that the Crown has proven his guilt beyond a reasonable doubt on counts 1, 7, and 8. Count 1 relates to the nine kilograms of cocaine found in safe #1 on June 19, 2019. Count 7 relates to the twelve kilograms of cocaine located in the bedroom when police executed the search warrant on June 27, 2019. Based on Mr. Janisse’s admissions that he possessed both quantities of cocaine for the purpose of trafficking, I find him guilty of counts 1 and 7.

[49] Count 8 relates to the $96,920.00 located by police in a hidden compartment in Mr. Janisse’s car. Mr. Janisse admits being in possession of this cash. Although Mr. Janisse has not formally admitted that the cash is the proceeds of crime, Mr. Lafontaine properly conceded that the Crown had proven this count beyond a reasonable doubt.

[50] The only reasonable inference to be drawn from the evidence is that Mr. Janisse knew that the cash was the proceeds of crime. The evidence in support of that inference includes the expert opinion of Detective Serrano that cash is the standard method of payment in the drug world, the unusual place where the cash was found, inside a hidden compartment in Mr. Janisse’s car, and Mr. Janisse’s admission that between June 19 and 27, 2019, he was in possession of a total of 21 kilograms of cocaine for the purpose of trafficking. I am satisfied beyond a reasonable doubt that Mr. Janisse was in possession of the proceeds of crime and I therefore find him guilty of count 8.

[51] What remains in dispute are the three trafficking counts and the counts related to his possession of the fentanyl and crystal methamphetamine found in safe #2 on June 19, 2019.

Count 4, trafficking cocaine, June 21, 2019

Count 5, trafficking cocaine, June 25, 2019

[52] I am going to deal with counts 4 and 5 together because the evidence relied on by the Crown to support convictions on both counts is similar. It consists of police surveillance of Mr. Janisse attending at 105 The Queensway, and then having brief meetings with others in cars together with a reduction in the amount of cocaine stored in safe #1.

[53] The Crown relies on the following set of circumstances to prove count 4:

1. On June 21, 2019, Mr. Janisse attended 105 The Queensway at 9:00 a.m. He left 55 minutes later carrying the same backpack he was carrying when he entered.
2. He drove to the area of 88 Park Lawn Road, where at 10:00 a.m., he met a man who got into Mr. Janisse’s car. The two men went into an underground parking garage. Mr. Janisse left the garage four minutes later without the man.
3. Mr. Janisse then drove to another area where he met a man, who got into Mr. Janisse’s car empty-handed. The man got out of the car four minutes later carrying a weighted red gift bag.
4. At 1:24 p.m. police entered unit 601 at 105 The Queensway and discovered that safe #1 was missing one kilogram of cocaine.
5. Mr. Janisse had not attended the unit between June 19, when the police made their first covert entry, and the morning of June 21.

[54] The Crown submits that the only reasonable inference from this set of circumstances is that on June 21, Mr. Janisse trafficked one kilogram of cocaine, which he had removed from safe #1 that morning.

[55] The Crown relies on the following set of circumstances to prove count 5:

1. On June 25, 2019, Mr. Janisse attended 105 The Queensway at 3:20 p.m. He left 24 minutes later carrying the same brown backpack he was carrying when he entered. He returned to 15 Zorra Street.
2. At 8:20 p.m., Mr. Janisse drove to a parking garage at Sherway Gardens mall, parked his car and got out carrying a weighted black Puma bag.
3. He entered the front passenger seat of another car. He got out of that car a short time later carrying the same bag, which was noticeably lighter in weight. He left Sherway Gardens at 8:55 p.m.
4. At 9:20 p.m. police entered unit 601 at 105 The Queensway and discovered that there were three fewer kilograms of cocaine in safe #1 than were there on June 21, the last time Mr. Janisse had been there.

[56] The Crown submits that the only reasonable inference from this set of circumstances is that Mr. Janisse trafficked three kilograms of cocaine, which he had obtained from safe #1 at 3:20 p.m., to the person he met in the parking garage at 8:20 p.m.

[57] Mr. Janisse meeting with people for brief periods of time in cars after visiting 105 The Queensway and removing cocaine from the safe is suspicious behaviour but, in my view, falls short of proof beyond a reasonable doubt that he trafficked in cocaine during those meetings.

[58] On June 21, police did not see the first man Mr. Janisse met get out of the car. There is no evidence about what, if anything, he was carrying when he got out of the car. The second man he met left with a “weighted” red gift bag. Mr. Janisse was not observed with a red gift bag. There is no evidence that these men were found in possession of cocaine shortly thereafter.

[59] Similarly, on June 25, Mr. Janisse is seen having a brief meeting in a parking garage with another man five hours after attending 105 The Queensway. Mr. Janisse carried a black bag into the other man’s car that appeared lighter when he exited the car. There is no evidence that this man was found in possession of cocaine shortly thereafter.

[60] These circumstances raise the strong possibility or even probability that Mr. Janisse trafficked cocaine during that meeting. However, strong probability is not proof beyond a reasonable doubt.

[61] I find Mr. Janisse not guilty of counts 4 and 5.

Count 6, trafficking cocaine, June 27, 2019

[62] I find that the only reasonable inference to be drawn from the evidence on count 6 is that Mr. Janisse trafficked in two kilograms of cocaine to Mr. Ljumovic on June 27, 2019, when the two met in the Walmart parking lot. Mr. Janisse left unit 601 at 105 The Queensway at 12:15 p.m. Approximately twenty minutes later, police entered the unit and discovered that two kilograms of cocaine had been removed from safe #1.

[63] Mr. Janisse drove from 105 The Queensway directly to the Walmart parking lot where he met Mr. Ljumovic. After a two-minute meeting, Mr. Ljumovic got out of Mr. Janisse’s car carrying a black duffle bag. He put the bag in his black Nissan and left the area.

[64] Police followed Mr. Ljumovic from the Walmart parking lot, and stopped him near Windsor, Ontario. In the driver’s side of the Nissan, police found the black duffle bag, and in the ceiling of the car, they located two kilograms of cocaine.

[65] Mr. Lafontaine argues that the Crown’s theory that the reduction in the amount of cocaine in safe #1 was the result of Mr. Janisse’s attendance in unit 601 is not the only reasonable inference that can be drawn from the evidence. Mr. Lafontaine argues that other people had access to the building and could have had access to the unit. Although Mr. Janisse had the only entrance fob to 105 The Queensway that was associated with unit 601, other residents in the building had the same entrance fob. In addition, there is no evidence that Mr. Janisse had the only entrance key to unit 601. Without evidence of Mr. Janisse’s exclusive access to unit 601, a reasonable inference can be drawn that someone other than Mr. Janisse was removing cocaine from safe #1.

[66] This is not a reasonable alternative inference but a speculative one. It does not give rise to a reasonable doubt. The evidence as a whole on count 6 is not reasonably capable of supporting any inference other than Mr. Janisse’s guilt. I am satisfied beyond a reasonable doubt that Mr. Janisse trafficked cocaine to Mr. Ljumovic in the Walmart parking lot on June 27, 2019 and I therefore find him guilty of count 6.

Count 2, possession fentanyl, June 19, 2019

Count 3, possession crystal methamphetamine, June 19, 2019

[67] Counts 2 and 3 relate to the 1.949 kilograms of fentanyl and 36 grams of crystal methamphetamine found in safe #2 when police made their first entry into unit 601 on June 19, 2019. On that date, police photographed the contents of both safes. During this entry, they disabled the handle to safe #2.

[68] On June 26, 2019, they replaced the fentanyl with an inert substance that was packaged to look identical. When safe #2 was seized by police on June 27, 2019, it still contained the two kilograms of inert substance and the 36 grams of crystal methamphetamine. The contents of safe #2 had not been disturbed between June 19 and 27, 2019.

[69] The Crown argues that the only reasonable inference to be drawn from all of the evidence is that Mr. Janisse had knowledge and control of the crystal methamphetamine and fentanyl in safe #2.

[70] Mr. Lafontaine repeats his argument that without evidence of Mr. Janisse’s exclusive access to unit 601, the evidence falls short of proving beyond a reasonable doubt that he had knowledge and control of the contents of safe #2. This is particularly so, according to Mr. Lafontaine, given that the contents of safe #2 were undisturbed between June 16 and 27, and that Mr. Janisse had not attended to the broken handle. It is reasonable to infer from this evidence that Mr. Janisse had no interest in safe #2.

[71] In my view, the only reasonable inference that can be drawn from all of the evidence is that Mr. Janisse had knowledge and control of the contents of safe #2 and that he possessed the crystal methamphetamine and fentanyl for the purpose of trafficking.

[72] In making that finding, I have considered the following:

1. Unit 601 was being used as a storage facility or stash house for drugs. The unit contained no clothing or food. Mr. Janisse lived elsewhere. When he attended at 105 The Queensway he used the stairwell rather than the elevator to enter and exit unit 601 in an attempt to mask his connection to the unit.
2. Unit 601 contained two identical safes located in the same hallway that led to the only bedroom. Both safes were housed in identical cabinets. Towels were draped over both safes. Suitcases were beside each safe.
3. The cocaine in safe #1, which Mr. Janisse has admitted possessing, was packaged in the same manner as the fentanyl in safe #2. Both were wrapped in plastic and duct tape. There were markings made with a black marker on both packages.
4. When the police executed the search warrant on June 27, 2019, Mr. Janisse was in the bedroom located near the safes. Safe #1 was open. A key ring was on top of the safe. It held the entrance fob to the building, the key to unit 601, the key to safe #1 and the key to safe #2.

[73] As a matter of logic and human experience, the only reasonable inference to be drawn from this evidence is that Mr. Janisse had knowledge and control of the contents of both of these safes. It is speculation to suggest that another person may have had a key to the unit and to safe #2.

[74] I accept the opinion evidence of Detective Matthew Serrano that a personal user of fentanyl or crystal methamphetamine would not possess the drugs in the quantities that were found in safe #2. The fentanyl was valued at between $96,000 and $106,000. The crystal methamphetamine was valued at between $800 and $1,200. Possession of this quantity of fentanyl and of crystal methamphetamine is only consistent with possession for the purpose of trafficking.

[75] I am satisfied beyond a reasonable doubt that Mr. Janisse possessed the fentanyl and crystal methamphetamine located in safe #2 for the purpose of trafficking. I therefore find Mr. Janisse guilty of counts 2 and 3.

Summary

[76] In summary, I find Mr. Janisse guilty of counts 1, 2, 3, 6, 7, and 8. I find him not guilty of counts 4 and 5.

Corrick J.

Released: April 26, 2022

Released: April 26, 2022 COURT FILE NO.: CR-21-90000-173 DATE: 20220426 ONTARIO SUPERIOR COURT OF JUSTICE HER MAJESTY THE QUEEN – and – CHRISTOPHER JANISSE REASONS FOR JUDGMENT Corrick J.