S. Feldman

A self-represented accused in custody sought to enter a guilty plea by telephone during the COVID-19 pandemic when the courthouse had extremely limited video link capacity to the detention centre.

The court held that the Criminal Code does not permit a self-represented accused to plead guilty by telephone.

The default requirement is physical presence, with the only exception being appearance by video.

The court rejected arguments that section 650(2)(b) could be used to permit telephone appearance or that the accused could waive the statutory requirement of presence.

The court emphasized sound policy reasons for requiring in-person or video appearance for guilty pleas, including the need to ensure voluntariness and the importance of the human element in sentencing.

The accused pleaded guilty to possession of child pornography.

The Crown sought eight months imprisonment plus three years probation.

The defence sought a conditional sentence of 8-12 months or an intermittent sentence.

The court imposed 100 days imprisonment less credit for pre-sentence custody, plus three years probation with ongoing counselling and restrictions on contact with children.

The sentencing was delayed pending the Court of Appeal for Ontario's decision in R. v. John regarding minimum sentences.

The court found that while the collection was relatively small and at the lower end of the spectrum, the aggravating factor of dissemination to other Facebook users precluded a conditional sentence.

The accused was convicted after trial of two counts of assault, one count of intimidation, and two counts of sexual assault.

The offences arose from a course of conduct spanning several months involving the complainant, a fellow college student.

The accused coerced the complainant into sex work to repay a purported debt from a failed drug transaction, used physical violence and threats to maintain control, and committed sexual assaults within their intimate relationship.

The court imposed a global sentence of 15 months imprisonment plus an $2,000 fine, followed by 18 months probation, emphasizing denunciation and deterrence while considering the offender's youth and potential for rehabilitation.

A preliminary inquiry into the death of a four-year-old child.

The Crown sought committal on a charge of First Degree Murder.

The defendants, the child's parents, contested committal on this charge, conceding only to Second Degree Murder.

The court found sufficient evidence of planning and deliberation based on the totality of circumstances, including evidence of chronic malnutrition, vicious beating, head trauma, aspiration of gastric contents, and post-offence conduct.

The court committed both defendants to trial on First Degree Murder and on the additional charge of Failure to Provide the Necessaries of Life.

The defendant, a Service Ontario customer service representative, was charged with four counts of fraud-related offences, including making false documents, possessing identification with intent to commit fraud, using forged documents, and breach of trust.

It was alleged he participated in a scheme to provide false identification for obtaining genuine Ontario Driver’s Licences and Health Cards.

The Crown's case relied heavily on circumstantial evidence and the testimony of a co-accused, which the court found unreliable.

The defendant testified he was unaware of the fraudulent nature of the documents, believing he was merely helping a friend's driving students bypass wait times.

The court found the Crown failed to prove actual knowledge or wilful blindness beyond a reasonable doubt, leading to an acquittal on all counts.

Sentencing of three defendants involved in a drug project investigation.

Quan Chan Lao pleaded guilty to multiple counts of trafficking and conspiracy to traffic cocaine and methamphetamine, receiving a net global sentence of 5 years and 11 months after pre-trial custody credit.

Joseph Nestorovski was found guilty of conspiracy to traffic 1 kilogram of cocaine and sentenced to 6 years imprisonment.

Khuan Minh Mac was found guilty of conspiracy to traffic 2 kilograms of methamphetamine and sentenced to 7 years imprisonment.

The court emphasized denunciation and deterrence for serious drug offences.

The accused was charged with multiple offences arising from events on April 1-2, 2010, including confinement, assault, assault causing bodily harm, mischief to property, breach of a peace bond, and obstruction of justice.

The complainant initially gave detailed video statements to police describing a prolonged assault and confinement, but later recanted in court testimony, claiming the injuries resulted from falls, drug use, and a separate altercation with a drug dealer.

The trial judge found the complainant's court testimony incredible and unreliable, while accepting the earlier police statements as credible based on corroborating evidence including photographs of extensive injuries, a 911 call, and the complainant's demeanor in the video statements.

The accused was convicted on most counts but acquitted on the obstruction charge due to insufficient evidence that the accused specifically made the statements to police.