S. Venne

The applicant, James McLeod, brought a motion for a stay of proceedings under section 11(b) of the Charter due to unreasonable delay.

The total delay from the information being sworn to the anticipated trial completion was 677 days, exceeding the 18-month presumptive ceiling for the Ontario Court of Justice.

The court attributed 159 days of delay to the defence as an implicit, clear, and unequivocal waiver during resolution discussions, where the defence prioritized seeking a favourable resolution over asserting the right to a timely trial.

An additional 129 days were attributed to the defence for failing to proactively raise s. 11(b) concerns in a timely manner after trial dates were set, which prevented the Crown from mitigating the delay.

After deducting these periods, the net delay was 389 days, falling below the presumptive ceiling.

Consequently, the application for a stay of proceedings was dismissed.

The accused, charged with being an accessory to murder after the fact, brought a bail application under section 522(2) of the Criminal Code.

The court found that the accused had shown cause why her detention was not justified under subsection 515(10) of the Criminal Code.

A Form 11 release order was issued with conditions, including a $2000 promise to pay, residing at a specific address, and no contact with named individuals.

The matter was adjourned to the Ontario Court of Justice.

The Crown appealed a provincial court sentencing decision where the trial judge rejected a joint submission for a peace bond and mental health diversion program and instead imposed a conditional discharge with probation.

The appeal court held that the sentencing judge improperly rejected the joint submission without finding it contrary to the public interest or bringing the administration of justice into disrepute.

The court further found that the mandatory requirements of the Criminal Code governing pleas were not followed, as the information was not read to the accused and no plea was entered.

The appeal court concluded that the lower court failed to comply with statutory plea procedures and improperly imposed sentence.

The finding of guilt and conditional discharge were quashed and the joint submission for a peace bond and diversion was implemented.

The offender pleaded guilty to common assault and sexual assault.

The Crown proceeded summarily, enabling the defence to seek a conditional sentence.

The court imposed an 18-month conditional sentence followed by 30 months of probation.

The sentencing decision balanced denunciation and deterrence against rehabilitation, considering the offender's significant cognitive limitations, developmental disabilities, mental health issues, and a comprehensive support plan through St. Leonard's Community Services.

The court found this to be an exceptional case warranting a conditional sentence despite the serious nature of the offences.

The defendant was charged under s. 18(1) of the Dog Owner's Liability Act for an incident on March 22, 2012, in which a dog named Mac killed a cat named Barn Mother on a farm in the Municipality of West Elgin.

The defendant brought a Charter application alleging a violation of her right to be tried within a reasonable time under s. 11(b).

The court dismissed the Charter application, finding no unreasonable delay.

On the merits, the court found that the defendant was an "owner" of the dog under the Act, that the cat was a "domestic animal," and that the defendant failed to establish a due diligence defence.

The defendant was found guilty of the offence.