Solange Davis-Ramlochan

The decision concerns the prosecution of Rasim Kaba and Hassan Talebi for importing and possessing opium for the purpose of trafficking, and conspiracy to commit those offences.

The court reviews the evidence, including the defendants' backgrounds, their relationship, the importation process, intercepted communications, and the police investigation.

The court finds both defendants' explanations implausible and concludes that the only reasonable inference is that both knew of the opium and conspired to import and traffic it.

Both are found guilty on all counts.

This decision provides supplemental reasons regarding a prohibition order imposed on an offender, Marcia Motayne, who was convicted of fraud over $5,000 against a not-for-profit agency.

The original sentence included a prohibition order under s. 380.2(1) of the Criminal Code, restricting future employment or volunteer work involving authority over money or property.

Defence counsel sought to make the order more permissive, arguing it would hinder the offender's ability to find remunerative employment and make restitution.

The court amended the order to allow for handling of money up to $500 in a volunteer context and up to $1,000 in remunerative employment without employer consent, while requiring consent for amounts exceeding $1,000.

The prohibition against supervisory authority over real property or valuable security was also clarified and limited.

The court emphasized the importance of allowing the offender to obtain employment for restitution purposes while balancing public protection.

The accused, a former Director of Finance for a non-profit agency supporting disabled individuals, was found guilty by a jury of fraud over $5,000.

Over four years, she manipulated payroll and accounting records to steal over $900,000 from the charity.

The court found numerous aggravating factors, including the egregious breach of trust, the vulnerability of the charity's residents, and the significant financial and reputational impact on the organization.

The court rejected the Crown's request for an 8-10 year sentence but found the defence's proposed 4-year sentence inadequate due to the absence of mitigating factors such as a guilty plea or remorse.

The accused was sentenced to 6.5 years' imprisonment (reduced for pre-sentence custody), ordered to pay $1,095,668.71 in restitution, and fined $795,668.71 in lieu of forfeiture.

A prohibition order restricting her future employment involving financial authority was also imposed.

Marcia Motayne, charged with fraud, brought a late Section 8 Charter challenge to exclude a roofing invoice and employee records, claiming a privacy interest.

The court dismissed the application summarily, finding no reasonable expectation of privacy as the documents were already in the public domain through prior civil proceedings.

The court also emphasized the trial judge's power to dismiss unmeritorious applications to prevent delay.