Susan G. Himel

The moving parties brought a motion for leave to appeal the decision of Braid J. dated October 9, 2025.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $5,000 to the responding party.

The accused pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of methamphetamine for the purpose of trafficking on charges arising from Toronto in 2021 and Durham in 2024.

The court imposed a global sentence of six years, reduced by one year for harsh pre-sentence custody conditions, resulting in approximately two years and one day remaining to be served after credit for pre-sentence custody at 1.5:1 and credit for strict bail conditions.

The sentence was followed by two years of probation.

The court considered the accused's difficult background, including loss of his mother to suicide, exposure to violence and poverty, addiction issues, rehabilitative potential, and the serious nature of fentanyl trafficking.

The accused pleaded guilty to trafficking fentanyl and possession of fentanyl for the purpose of trafficking.

The Crown sought a sentence of 10 years imprisonment, emphasizing the large quantity of fentanyl (409.60 grams), the accused's prior drug trafficking conviction, and the fact that the offences were committed while serving a conditional sentence.

The defence sought 6 years imprisonment, arguing that the accused was a runner motivated by addiction rather than profit, had no criminal record for violence, and had demonstrated rehabilitative potential.

The court imposed a sentence of 7.5 years, taking into account the accused's vulnerable background, Indigenous heritage, harsh pre-sentence custody conditions, and evidence of remorse and rehabilitation efforts, while recognizing the serious dangers of fentanyl trafficking.

The court sentenced O’Neil Freeman for two counts of possession of cocaine for the purpose of trafficking, following a joint submission.

The decision reviews the factual background, the parties’ submissions, and the applicable sentencing principles, including the “gap principle” and the impact of systemic disadvantage.

The court imposed a sentence of one day plus 19.5 months’ credit for pre-sentence custody for one count, and a conditional sentence of two years less a day for the other, with strict house arrest and curfew conditions, recognizing the mitigating factors of rehabilitation, dated record, and hardship.

The offender, Michael Hugh, pleaded guilty to possession of fentanyl for the purpose of trafficking.

The Crown sought a 3-year imprisonment, while the defence requested a conditional sentence due to the offender's age, medical conditions, and low-level involvement in trafficking to support his own addiction.

The court considered aggravating factors, including the danger of fentanyl, the profit motive, the presence of a weapon, and the offence location near a shelter.

Mitigating factors included the guilty plea, lack of prior criminal record, strong family support, and severe health issues (stroke-related mobility and memory problems, lack of health coverage) that would make incarceration exceptionally difficult.

The judge emphasized denunciation and deterrence but ultimately imposed a conditional sentence, finding it consistent with sentencing principles given the individualized circumstances and the significant impact of imprisonment on the offender's health.

The offender pleaded guilty to five counts of robbery, possession of a loaded prohibited firearm, and failure to comply with a release order following a string of 16 convenience store robberies committed over four hours.

The Crown sought a global sentence of 7 years, while the defence sought 5 years.

The court considered the offender's background, including anti-Black racism and mental health issues, alongside the paramount principles of denunciation and deterrence for gun and robbery offences.

A global sentence of 6 years was imposed, with enhanced credit granted for harsh pre-sentence custody conditions due to frequent lockdowns, leaving 633 days to serve.

Azara Robertson pleaded guilty to reckless discharge of a prohibited firearm and possession of a loaded prohibited firearm.

The court considered aggravating factors, including two separate instances of firearm possession and discharge in public, and mitigating factors such as her guilty plea, remorse, lack of criminal record, youth, and difficult personal background.

The court accepted a joint submission for a global sentence of 5 years' imprisonment, granting credit for pre-sentence custody (25 days at 2:1) and restrictive bail conditions (710 days at 0.25:1).

A lifetime weapons prohibition and DNA order were also imposed.

Tenzin Youngdue pleaded guilty to possession of fentanyl for the purpose of trafficking and possession of proceeds of crime.

The Crown and defence submitted a joint recommendation for a global sentence of 5.5 years imprisonment, with credit for pre-sentence custody and strict bail conditions.

The court accepted the joint submission, emphasizing denunciation and deterrence for fentanyl trafficking while acknowledging mitigating factors such as the offender's youth, guilty plea, remorse, and rehabilitative efforts.

Ancillary orders for forfeiture and DNA sample were also made.

Anthony Papilota pleaded guilty to possession of a non-restricted firearm, possession of a loaded restricted firearm, and possession of a prohibited device.

The Crown sought a three-year imprisonment sentence, emphasizing denunciation and deterrence due to increased gun violence.

The defence sought a conditional sentence of two years less a day, followed by probation, highlighting the offender's lack of criminal record, remorse, strong community support, and rehabilitative prospects.

The court imposed a conditional sentence of two years less one day, followed by two years of probation, along with a lifetime weapons prohibition and forfeiture order, balancing denunciation and deterrence with the offender's rehabilitative potential and compliance with strict bail conditions.

Raza Husain applied to terminate a 20-year Sex Offender Information Registration Act (SOIRA) order, imposed in 2011 following convictions for sexual assault and procuring.

The application was brought under the new s. 490.016(1) of the Criminal Code, which allows termination if there is no connection between continuing the order and preventing/investigating sexual crimes, or if the impact on the applicant is grossly disproportionate to the public interest.

The court dismissed the application, finding that the applicant failed to demonstrate either no connection or gross disproportionality, citing the serious nature of the original offences, lack of expert evidence on re-offending risk, and insufficient evidence of disproportionate impact on the applicant's privacy or liberty.

Roberto Gilaard pleaded guilty to criminal harassment and uttering threats against a 12-year-old victim, S.S., through Instagram messages.

The messages included offers of a firearm, demands for her address, and threats of bodily harm, though Gilaard did not possess a real firearm.

The Crown sought a conditional sentence of 8-12 months followed by 24 months probation, emphasizing denunciation and deterrence due to the victim's vulnerability and the sexual component.

The defence sought a conditional discharge with two years probation, highlighting Gilaard's youth, lack of criminal record, remorse, and the potential impact of a conviction on his future.

The court granted a conditional discharge with two years probation, finding it in the best interests of the accused and not contrary to the public interest, while imposing strict conditions including no contact with the victim, no social media without approval, and a weapons prohibition.

Ertug Direk pleaded guilty to dangerous driving causing death and fail to stop at the scene of an accident causing death.

The court considered a joint submission of 4.5 years imprisonment.

Aggravating factors included the high speed, the offender's extensive criminal and driving record (including prior dangerous driving convictions), and the moral blameworthiness of fleeing the scene.

Mitigating factors included the guilty plea and surrender to police.

The court also considered harsh pre-sentence custody conditions and restrictive bail conditions for credit.

The judge accepted the joint submission for imprisonment but imposed a longer driving prohibition than sought by the defence.

The accused pleaded guilty to impaired driving causing death and five counts of impaired driving causing bodily harm after driving at high speeds through a red light in downtown Toronto while intoxicated.

The collision killed one pedestrian and severely injured five others.

The court sentenced the accused to 8 years' imprisonment for the death and 4 years concurrent for the bodily harm counts, minus 1,135 days of enhanced credit for pre-sentence custody and harsh lockdown conditions.

A 12-year driving prohibition was also imposed.

The accused pleaded guilty to possession of a loaded restricted firearm and failing to comply with a recognizance.

While on bail for other firearms offences, the accused posted a picture of a handgun on a web forum, leading to a police search of his residence.

During the search, he discarded a loaded handgun from an 11th-floor balcony.

The court considered the paramount objectives of denunciation and deterrence for gun crimes, balanced against mitigating factors including the accused's youth, guilty plea, and the impact of systemic racism.

The court imposed a global sentence of 3 years, reduced by enhanced credit for pre-sentence custody and harsh jail conditions, leaving 430 days to serve.

The offender, Zeishan Gill, pleaded guilty to possession of a loaded restricted firearm contrary to s. 95(1) of the Criminal Code.

The offence involved fleeting possession of a firearm belonging to another individual during a police raid.

Despite a prior firearm conviction from 2013, the court considered significant mitigating factors, including the offender's guilty plea, demonstrated remorse, compliance with stringent bail conditions for over two years, and successful engagement in drug addiction rehabilitation.

The Crown sought a custodial sentence of two years less one day, while the defence proposed the same length of sentence to be served as a conditional sentence in the community.

The court accepted the defence's position, imposing a sentence of two years less one day imprisonment, to be served as a conditional sentence with strict terms (house arrest for the first half, curfew for the second half), followed by two years of probation, a lifetime weapon prohibition order under s. 109, and a DNA order.

Nahom Mussie pleaded guilty to human trafficking, possession of fentanyl for trafficking, and obstruct justice.

The human trafficking involved the exploitation of a vulnerable, drug-addicted young woman (S.M.) over several months, with the accused controlling her activities and providing her with fentanyl.

S.M. later died of a fentanyl overdose.

The obstruction of justice charge stemmed from Mussie providing a fraudulent employment letter for a bail variation, obtained by exploiting another drug user.

The Crown and defence presented a joint submission for a six-year global sentence.

The court considered aggravating factors, including the victim's extreme vulnerability and the accused's misconduct while on bail, and mitigating factors such as the guilty plea and lack of prior criminal record.

The court imposed the jointly recommended six-year global sentence, granting credit for pre-sentence custody and restrictive bail conditions.

Richard John Raymond pleaded guilty to reckless discharge of a prohibited firearm, possession of a loaded prohibited firearm, and possession of a firearm while prohibited.

The offences stemmed from a gunfight outside a Toronto nightclub where Raymond discharged his weapon multiple times and was himself shot.

The Crown sought a global sentence of seven years, while the defence sought five years, emphasizing mitigating factors such as Raymond's difficult background, anti-Black racism, and harsh pre-sentence custody conditions.

The court imposed a global sentence of six years and six months, granting enhanced credit for pre-sentence custody due to the difficult conditions and Raymond's injuries.

Ancillary orders included a lifetime weapons prohibition and a DNA order.

Brittney Hawboldt pleaded guilty to multiple offences including reckless discharge of a prohibited firearm, possession of a restricted firearm, dangerous operation of a motor vehicle, and various breaches of release orders.

The court considered aggravating factors such as the serious nature of the firearm and driving offences in a public place, and mitigating factors including her guilty plea, remorse, difficult childhood, and rehabilitative efforts.

The Crown sought a global sentence of six years.

The court imposed a global sentence of six years, granting significant credit for pre-sentence custody under harsh conditions and for time spent under stringent bail conditions, resulting in a balance of three years and one month remaining to be served.

Ancillary orders included a lifetime weapons prohibition, DNA order, and a 10-year driving prohibition, while declining restitution and victim fine surcharge.

Treyshawn Duffy pleaded guilty to possession of cocaine for the purpose of trafficking, possession of a loaded restricted weapon, and possession of an overcapacity magazine while prohibited.

The court considered aggravating factors, including his criminal record and the commercial nature of the drug operation, alongside significant mitigating factors such as his guilty plea, demonstrated remorse, strong family support, efforts towards rehabilitation, and the impact of a difficult childhood marked by poverty and violence, including the effects of anti-Black racism.

The Crown sought a 4.5-year global sentence, while the defence proposed 4 years.

The court imposed a global sentence of 4 years, granting credit for pre-sentence custody, including enhanced credit for lockdown days, and considering restrictive bail conditions.

Ancillary orders included a lifetime weapons prohibition, a DNA order, and forfeiture of seized items.

Sentencing following guilty pleas to one count of child luring and two counts of possession of child pornography arising from online sexual communications with a 16-year-old complainant and the storage of child sexual abuse material involving multiple young persons.

The court emphasized denunciation and deterrence for sexual offences against children, relying on post-Friesen sentencing principles and the inherent harm identified in Sharpe.

It treated the offender's guilty plea, lack of record, difficult personal history, and four years on restrictive bail as mitigating factors, but found the quantity of images, the age disparity, the deception used online, and the exploitation of vulnerable minors to be significant aggravating factors.

A global sentence of four years' imprisonment was imposed, together with SOIRA registration, forfeiture, DNA, s. 161 prohibitions, and a no-contact order.