S. Thompson

The offender was found guilty of break and enter and sexual assault after entering an intoxicated and sleeping co-worker's hotel room using a master key.

The Crown sought a sentence of two years less a day, while the defence sought 9 to 12 months.

The court considered the significant breach of trust, the vulnerability of the victim, and the offender's lack of insight, balanced against his pro-social background and the collateral consequences of the COVID-19 pandemic.

The court imposed a global sentence of 20 months' imprisonment, followed by three years of probation and ancillary orders.

The accused was charged with break and enter and sexual assault after entering a hotel room where a highly intoxicated co-worker was sleeping following an office party.

The accused, a hotel maintenance manager, used a master key to enter the room.

A hotel employee discovered the accused half-naked on top of the sleeping complainant.

The court rejected the accused's explanation that he was using toilet paper to clean up the complainant's urine.

Applying the W. (D.) framework, the court found the accused guilty of both break and enter and sexual assault, concluding that his actions constituted an intentional application of force in circumstances of a sexual nature without consent.

The defendant was convicted after trial of dangerous driving, assault on a police officer, and resisting arrest following a traffic stop.

The defendant pulled away from police while an officer was trapped between the driver's door and the vehicle, accelerating dangerously and forcing officers to discharge their firearms.

The court imposed an 18-month conditional sentence (reduced from 24 months to account for bail conditions) followed by two years of probation, rather than incarceration, balancing the serious nature of the offences against the defendant's youth, first-offender status, and strong rehabilitation prospects.

The sentence included house arrest for nine months, curfew for three months, a driving prohibition, counselling requirements, and an essay assignment about a fallen officer.

The accused was charged with dangerous driving, failing to stop for police, assaulting a police officer, and resisting a police officer's lawful directions following a traffic stop that escalated into a dramatic encounter.

The central issue was the identity of the driver.

The Crown relied on photo identification by the officer who conducted the traffic stop.

The defence raised a late alibi that the accused was elsewhere at the time of the incident.

The court found the Crown had proven identity beyond a reasonable doubt based on the officer's reliable roadside identification process and rejected the untimely alibi evidence.

The accused was convicted of dangerous driving, assault on a police officer, and resisting police directions, but acquitted of failing to stop for police as the Crown failed to prove pursuit.

Two young persons pleaded guilty to multiple planned and sophisticated bank robberies.

The court considered the principles of the Youth Criminal Justice Act, including accountability, rehabilitation, and the requirement that custody be a last resort.

Given the seriousness of the offences, the significant amounts of money stolen, and the traumatic impact on the victims, the court found that non-custodial sentences were not appropriate.

The first young person was sentenced to 15 months (open custody and community supervision) and the second to 12 months and 12 days (open custody and community supervision), both followed by 12 months of probation.

Two young persons pleaded guilty to multiple counts of robbery of financial institutions committed over a planned and sophisticated spree in February and March 2019.

Q.W. pleaded guilty to four robberies; T.C. pleaded guilty to two robberies.

The robberies targeted Scotiabank and CIBC branches across multiple jurisdictions, involved stolen vehicles, and resulted in significant financial losses.

The court imposed custodial sentences with community supervision and probation, balancing the serious nature of the offences and the significant trauma to victims against the young persons' youth, lack of prior records, guilty pleas, remorse, and rehabilitation potential.

A young person was convicted of a home invasion involving assault, forcible confinement, and robbery of an elderly victim, as well as two subsequent convenience store robberies and theft of a motor vehicle.

The Crown sought an additional 6-month custodial sentence following approximately 16.5 months of pre-trial custody.

The defence sought a time-served sentence with probation.

The court imposed a 14-month probation order with strict conditions, including curfew, counselling, community service, and continued involvement with youth outreach programs, finding that the substantial pre-trial custody already served (approximately 21.9 months when properly credited) was sufficient to hold the young person accountable while prioritizing rehabilitation and reintegration in accordance with the Youth Criminal Justice Act.

The accused pleaded guilty to multiple offences including forcible confinement, robbery, assault with a weapon, trafficking in a controlled substance, possession of property, theft of motor vehicle, breach of probation, and unauthorized use of a credit card.

The court imposed a joint submission sentence of three years custody less 146 days of presentence custody credit, resulting in a remnant sentence of 949 days.

The court also imposed lifetime firearms prohibitions under Section 109 of the Criminal Code and a no-contact order under Section 743.21 with respect to specified individuals.

The accused was charged with assault causing bodily harm.

The Crown presented evidence from the complainant, witnesses, and police officers documenting injuries to the complainant's eye and other abrasions.

The defence argued self-defence.

The trial judge found the complainant credible and reliable in his testimony, noting his emotional demeanor and consistency with observations by police.

The defendant's testimony was found less credible and appeared rehearsed.

However, the judge identified a critical contradiction: the defendant's post-incident statement that "no one talks about our family like that" suggested provocative words were spoken in the bedroom, contradicting the complainant's denial.

This contradiction created reasonable doubt as to what occurred in the bedroom.

The accused was acquitted.

A youth was tried on charges arising from a home invasion, robbery, and multiple convenience store robberies occurring between February 25 and March 5, 2018.

The Crown sought to admit hearsay evidence from the deceased victim's police statement and to establish similar fact evidence linking the accused to multiple offences.

The court admitted the hearsay statement based on necessity and substantive reliability.

The court found the accused guilty of the home invasion, assault, forcible confinement, robbery, and theft of the victim's vehicle, as well as robberies at two convenience stores, based on direct and circumstantial evidence including distinctive clothing, DNA evidence, cell phone location data, and text message exchanges.

However, the court acquitted the accused of the robbery at the third convenience store due to insufficient evidence linking him specifically to that offence.

The accused was charged with assault, mischief, and breach of probation following an altercation with his former mother-in-law during a child access exchange.

The court applied the W.(D.) test to assess conflicting testimony between the complainant, the accused, and the accused's eight-year-old daughter.

Finding the daughter's testimony compelling, the court concluded the complainant initiated the physical contact, raising a reasonable doubt on the assault charge.

The court acquitted the accused of breach of probation, finding his verbal tirade did not breach a legal obligation, and acquitted him of mischief due to insufficient evidence.

The defendant was charged with impaired care or control and exceed 80mgs following a police investigation on his driveway.

The defendant advanced Charter arguments challenging the lawfulness of his detention and arrest.

The court found that the police officer had lawful authority under the Highway Traffic Act and common law to detain the defendant on his driveway to check sobriety, and that the officer had reasonable and probable grounds to arrest for impaired driving.

However, the court found that the Crown failed to prove beyond a reasonable doubt that the defendant's ability to drive was impaired by alcohol.

The defendant was acquitted of impaired care or control but convicted of exceed 80mgs based on the breath samples.

The accused was charged with sexually assaulting the complainant on July 9, 2016.

The Crown's case was straightforward: the accused engaged in non-consensual sexual contact with the complainant while she slept.

The central issue was not whether the sexual conduct occurred, but whether the accused's actions were involuntary.

The accused did not dispute the complainant's account of events or that the touching violated her sexual integrity.

Instead, the defence asserted the accused was in a state of automatism—specifically, a confusional arousal or sexsomnia—and therefore acted involuntarily and without criminal responsibility.

The trial examined evidence of the accused's catastrophic head injury, documented family history of parasomnias, prior similar incidents, and expert evidence regarding sleep disorders to determine whether the accused's conduct was involuntary and, if so, whether it constituted mental disorder automatism.

The offender pled guilty to importing approximately 2 kilograms of cocaine into Canada.

The Crown sought a sentence of six years, while the defence sought a sentence in the upper reformatory range based on the offender's Aboriginal status.

The court considered the offender's Gladue report, which detailed a history of intergenerational trauma, substance abuse, and mental health issues stemming from his great-grandfather's removal from his Aboriginal family.

Applying Gladue principles, the court found the offender's moral culpability was significantly reduced and sentenced him to 3 years imprisonment.

The accused was charged with drug and driving-related offences arising from his interaction with a co-accused.

The Crown's case relied on intercepted phone calls, surveillance evidence, and the discovery of a large quantity of drugs in the accused's vehicle following a high-speed chase.

The central issues were knowledge and credibility.

The accused testified that he was unaware of any drugs being brought into the country, that he was merely assisting his friend's brother with accommodation and transportation, and that he believed he was being chased by dangerous individuals rather than police officers.

The court found the accused's testimony compelling and credible, and determined that the Crown had failed to prove beyond a reasonable doubt that the accused had knowledge of the drugs or consent to their transportation.

An acquittal was entered on all counts.

A 67-year-old first-time offender was sentenced for importing approximately 11-14 kilograms of cannabis hashish into Canada as a drug courier.

The Crown sought a penitentiary sentence of two to three years, while the defence argued for a conditional sentence based on the offender's age, health, prior good character, and remorse.

The court imposed a conditional sentence of two years less one day in the community followed by 18 months of probation, finding that while denunciation and deterrence were paramount, the offender's age and serious health conditions warranted a community-based sentence.

The court emphasized the seriousness of drug importation and the violation of national border security.

The defendant pleaded guilty to importing 14 kilograms of hashish, a Schedule II substance, contrary to section 6(1) of the Controlled Drugs and Substances Act.

At sentencing, the defendant sought a judicial exception from the operation of section 6(3)(a) of the CDSA and section 742.1(c) of the Criminal Code, which precluded him from receiving a conditional sentence.

The defendant challenged these provisions as arbitrary, overbroad, and contrary to sections 7 and 12 of the Charter.

The court found that section 6(3)(a) of the CDSA is overbroad contrary to section 7 of the Charter and cannot be saved by section 1.

The court also found that the combined operation of section 6(3)(a) of the CDSA and section 742.1(c) of the Criminal Code infringes section 7 of the Charter in an overbroad manner and is not saved by section 1.

The defendant was granted a judicial exception permitting him to seek a conditional sentence.

The defendants brought a motion for a stay of proceedings based on a breach of s. 11(b) of the Canadian Charter of Rights and Freedoms, alleging unreasonable delay.

The charges arose from a stage collapse at a Radiohead concert in June 2012 that resulted in one death and injuries.

The defendants were charged in June 2013 with offences under the Ontario Occupational Health and Safety Act.

The trial commenced in November 2015 but was declared a mistrial in May 2017 when the presiding judge was appointed to the Superior Court.

The court applied the Jordan framework and found that the net delay far exceeded the presumptive ceiling of 18 months.

Although the Crown established certain discrete events and argued the case was complex, the court determined that even accounting for these exceptional circumstances, the delay remained unjustified.

The court granted the stay of proceedings for all defendants.

The defendant was charged with care and control of a motor vehicle while impaired, blood alcohol level exceeding the legal limit, and dangerous operation of a motor vehicle.

The Crown alleged the defendant operated a vehicle in an erratic manner, struck a mailbox, and fled the scene.

The defendant challenged the admissibility of statements and evidence on Charter grounds, arguing improper detention and lack of grounds for arrest.

The court rejected all Charter claims, finding no detention prior to arrest, proper grounds for the breath demand, and voluntary statements.

The court found the defendant guilty of all charges based on eyewitness testimony of erratic driving, observations of impairment indicators, breath test results showing blood alcohol level more than twice the legal limit, and admissions by the defendant.

The accused was charged with two counts of possession for the purpose of trafficking in cocaine and one count of possession for the purpose of trafficking in marijuana.

Police officers conducted a warrantless detention and search of the accused's vehicle based on suspicion arising from the manner in which the vehicle was parked.

The court found that the detention was arbitrary, lacking reasonable suspicion, and that the subsequent search was tainted by the unlawful detention.

The court excluded all evidence obtained as a result of the Charter breaches and acquitted the accused on all charges.