Steven Lee

The court considered an application by Mustafa Elawad to exclude evidence obtained during a traffic stop and subsequent search, on the basis of breaches of sections 8, 9, and 10(a) and (b) of the Charter.

The court found that the police engaged in racial profiling, that the stop was not justified by the stated reason of obscured plates, and that the subsequent search and seizure were unlawful.

The evidence of drugs and a firearm was excluded, and Mr. Elawad was acquitted of all charges.

Joshua Sabourin pleaded guilty to 10 offences, including robbery, aggravated assault, sexual assault, and break and enter.

The parties jointly recommended a 5-year penitentiary sentence, minus pre-sentence custody, along with ancillary orders.

The court considered the facts, the offender's background (including substance abuse and potential intellectual disability), and legal principles of sentencing (denunciation, deterrence, totality, proportionality, parity).

Despite mitigating factors like the guilty plea, numerous aggravating factors, including a long criminal record, random selection of vulnerable victims, and lack of insight, warranted a significant sentence.

The court acceded to the joint recommendation, imposing concurrent sentences totaling 5 years, and ordered various ancillary measures including DNA submission, a lifetime weapon prohibition, and SOIRA registration.

Tenzin Norbu was charged with first-degree murder.

The trial proceeded without a jury, with the accused admitting to causing the victim's death by pouring lighter fluid and igniting it.

The sole issue was whether Norbu was Not Criminally Responsible (NCR) on account of mental disorder.

Expert psychiatric evidence established that Norbu suffered from schizophrenia and was experiencing active psychosis at the time of the offence, rendering him incapable of knowing his actions were morally wrong.

The court found Norbu NCR and remanded him to the Ontario Review Board for disposition.

The accused, charged with firearms offences and driving while suspended, had been detained for over 90 days, triggering an automatic detention review under s. 525 of the Criminal Code.

The accused had a lengthy criminal record, including a history of fleeing the jurisdiction and breaching court orders.

The court found that the proposed release plan, which included house arrest and an ankle bracelet, was insufficient to mitigate the risks.

The court concluded that continued detention was necessary on the primary, secondary, and tertiary grounds under s. 515(10) of the Criminal Code.

At a preliminary inquiry, the Crown sought to establish sufficient evidence to commit two accused to stand trial for second degree murder in the death of Trey Theriault, who sustained eight stab wounds during an altercation.

The accused admitted presence and participation in a physical fight but argued insufficient evidence of intent to kill.

The court applied the Sheppard/Arcuri test for committal, examining whether a reasonable jury could infer guilt from the evidence.

The court found sufficient evidence on all essential elements of second degree murder: causation (stab wounds to vital organs), unlawful act (armed assault without justification), and intent (inferred from the nature and number of wounds).

Both accused were committed to stand trial.

A 16-year-old youth pled guilty to dangerous driving causing death while street racing.

The offender was driving his mother's car at approximately 130 km/h in a 60 km/h zone while racing another vehicle when he struck and killed an 18-year-old cyclist.

The court imposed a sentence of 7 months open custody followed by 3.5 months community supervision and one year probation, for a total of 10.5 months custody.

The sentence included 100 hours of community service, with a significant portion to be spent speaking at schools about the dangers of street racing, and a 5-year driving prohibition.

The court applied principles of accountability and denunciation while recognizing the offender's youth, remorse, and rehabilitation potential.

The accused pleaded guilty to three charges: mischief under $5,000 by interference with an ATM, possession of a forgery device (skimmer device), and possession of a credit card obtained by crime.

The accused was observed manipulating an ATM where a skimmer device and pinhole camera had been installed to steal debit card data and record PINs.

The Crown sought a suspended sentence with 12 months probation, while the defence sought a conditional discharge.

The court rejected both positions, finding that incarceration was necessary but that a conditional sentence was appropriate given the accused's youth, first-offender status, and the need to balance general deterrence with rehabilitation principles.