Steven Stauffer

The accused was tried on a multi-count indictment alleging historical sexual offences against two step-daughters and a niece over several years in the family home.

The trial judge admitted the complainants' evidence as similar fact evidence, finding sufficient similarities to support an inference of situation-specific propensity and to rebut fabrication.

Applying the W.(D.) framework, the court found the accused's denials neither credible nor capable of raising a reasonable doubt, accepted the complainants' evidence despite inconsistencies and delayed disclosure, and entered convictions on most counts.

One count alleging genital exposure was dismissed for want of evidence.

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.

The offender was convicted of human smuggling under the Immigration and Refugee Protection Act for driving illegal immigrants from Cornwall to Toronto.

The Crown sought a 15-18 month conditional sentence, while the defence sought a suspended sentence or a 6-month conditional sentence.

The court found the offender's moral blameworthiness was low, as he was duped by his brother and had no profit motive.

Emphasizing the principle of proportionality, the court imposed a 6-month conditional sentence followed by 12 months of probation.

The accused was charged with offences under the Immigration and Refugee Protection Act for his role in transporting individuals who had been smuggled across the US-Canada border into Cornwall.

The accused claimed he was merely doing a favour for his brother and was unaware of the illegal nature of the enterprise.

The court found that the accused's brother had informed him of the passengers' documentary deficiencies, raising a real suspicion that the accused deliberately chose to ignore.

Applying the doctrine of wilful blindness, the court concluded the accused possessed the requisite mens rea and entered convictions.

The applicant, who was convicted of first degree murder and sentenced as a youth to ten years, applied for an annual review of his sentence under s. 94(6) of the Youth Criminal Justice Act.

He sought to serve the remaining two years of his custodial sentence in open custody to attend college, rather than being transferred to an adult provincial facility upon turning twenty-one.

The court found that the applicant had made tremendous rehabilitative gains, including completing high school despite a learning disability, and demonstrated significant maturity.

The application was granted, and the sentence was varied to open custody to reward his progress and further his rehabilitation.

The accused applied for certiorari to quash their committal for trial on a charge of first degree murder following a preliminary inquiry.

They conceded that evidence supported committal for second degree murder but argued the preliminary inquiry judge exceeded jurisdiction by finding evidence capable of supporting planning and deliberation.

The Superior Court held that certiorari is only available where a preliminary inquiry judge commits an accused without any evidence of an essential element or relies on irrational inferences.

The court concluded the hearing judge properly distinguished between speculation and rational inference and applied the correct circumstantial evidence test.

Viewing the evidence as a whole, a properly instructed jury could reasonably infer planning and deliberation.

The applications were dismissed.

The Crown sought to commit the two accused to stand trial for first degree murder following a preliminary inquiry.

The accused attended a house party where the deceased allegedly pointed a gun at them.

The Crown alleged the accused formulated a plan to take the gun from the host and shoot the deceased.

The accused subsequently beat the host outside, took the gun, and shot the deceased through a window.

The court applied the Sheppard test and found sufficient circumstantial evidence of intent, aiding and abetting, and planning and deliberation to commit both accused to stand trial for first degree murder.

The young person was tried for first degree murder as a party to a targeted shooting.

The Crown alleged the young person acted as a lookout and getaway driver for the principal offender, who had previously been convicted of the murder.

Relying on surveillance videos, cell phone records, and witness testimony, the court found beyond a reasonable doubt that the principal offender committed the planned and deliberate murder.

The court further found that the young person drove the principal offender to and from the scene, was present during the shooting, and intended to assist in the murder.

The young person was found guilty.

During a trial for first degree murder, the Crown sought to admit two statements made by the young person accused to the police: a spontaneous utterance upon arrest and a videotaped statement at the police station.

The court found the videotaped statement was made voluntarily and in full compliance with section 146 of the Youth Criminal Justice Act, rendering it admissible.

However, the spontaneous utterance was ruled inadmissible because the police failed to advise the accused of his rights under the YCJA immediately upon arrest, despite having a reasonable opportunity to do so.

The young person, charged with first-degree murder, brought a motion to exclude evidence obtained from multiple search warrants and a warrantless search of his cell phone incident to arrest.

The court held that the young person had standing to challenge the seizure of text messages from third-party cell phones, as text messages carry a reasonable expectation of privacy akin to telephone conversations.

However, the court upheld the validity of the search warrants.

Although the warrantless search of the young person's cell phone breached section 8 of the Charter, the court declined to exclude the evidence under section 24(2), finding the breach inconsequential.

In a judge-alone trial for first degree murder involving a young person, the prosecution sought to admit text messages showing the accused's involvement in planning robberies with firearms.

The defence argued the messages constituted inadmissible prior discreditable conduct.

Applying the principles from leading authorities on similar fact and discreditable conduct evidence, the court held that such evidence may be admitted where its probative value outweighs its prejudicial effect.

The messages were found relevant to the accused’s knowledge of planned criminal activity and to rebut any innocent explanation for association with a co‑accused on the day of the murder.

Because the trial was before a judge alone, the risk of misuse was reduced.

The text messages were admitted for a limited purpose.

The parties consented to costs fixed at $8,000, all inclusive, payable to the plaintiff's counsel following a prior decision.

The court approved the consent order as reasonable and appropriate.

The appellant appealed his conviction and sentence for dangerous driving.

The Court of Appeal found that the trial judge's inferences regarding the speed and location of the appellant's vehicle were amply justified by the evidence.

The court also found no error in the trial judge's decision to reject a conditional sentence.

The appeal was dismissed.

The appellants appealed an order upholding their committal to stand trial for possession of cocaine for the purpose of trafficking.

The Court of Appeal dismissed the appeal, finding that the circumstantial evidence was sufficient to entitle the preliminary hearing justice to infer possession for the purpose of trafficking.

The landlord appealed a trial judgment declaring the tenant's rights under a commercial lease.

The trial judge had found in favour of the tenant regarding the validity of an option to purchase, the basic rent, the landlord's obligation to deliver the premises in good working order, and the tenant's right to rent abatement and set-off due to building code deficiencies.

The Court of Appeal dismissed the appeal, finding that the trial judge's conclusions were supported by the evidence and his interpretation of the lease was reasonable.