T. Jukes

The applicant, charged with manslaughter, brought an application to sever his trial from his co-accused, who was charged with second-degree murder arising from the same incident.

The applicant argued that severance would allow for a shorter judge-alone trial and avoid potential delay issues.

The Crown opposed the application, citing the joint enterprise nature of the allegations and the need to avoid duplicating testimony.

The court dismissed the application, finding that the charges were factually and legally connected, and the applicant failed to establish that a joint trial would work an injustice.

The accused was charged with second-degree murder following the death of a highly intoxicated victim who was beaten and stabbed in a park.

The Crown's case relied primarily on the testimony of an eyewitness who observed the accused and another individual jointly assault the victim, including striking him with a heavy pole and kicking him in a ditch.

Although it could not be determined who inflicted the fatal stab wound, the court applied the principles of co-principal liability under s. 21(1)(a) of the Criminal Code.

The court found that the accused's participation in the brutal group assault was a significant contributing cause of death and that the requisite intent for murder could be inferred from the viciousness of the attack on an incapacitated victim.

The accused was found guilty of second-degree murder.

The offender pleaded guilty to manslaughter for her role in the group beating death of a vulnerable, intoxicated victim.

The court considered significant Gladue factors, the offender's youth, her genuine remorse, and her substantial rehabilitative efforts while in pre-sentence custody.

Balancing the high moral culpability of the prolonged assault with the offender's rehabilitative prospects, the court imposed a sentence equivalent to 6 1/3 years, resulting in 2 years less a day of further custody followed by 3 years of probation.

The accused pleaded guilty to manslaughter for her role in the brutal beating death of a vulnerable young woman.

The court weighed the significant aggravating factors, including the prolonged group assault and degrading treatment of the victim's body, against the mitigating factors, which included the accused's guilty plea, remorse, and profound Gladue factors stemming from intergenerational trauma and abuse.

The court sentenced the accused to 8 years' imprisonment, less enhanced credit for pre-sentence custody, emphasizing denunciation and deterrence while acknowledging the need for rehabilitation.

The accused threw a heavy trailer hitch from a moving vehicle, striking the victim in the abdomen and rupturing her small bowel.

The victim, who suffered from advanced liver disease, underwent surgery but died five months later from complications including peritonitis and pneumonia.

The accused pleaded guilty to aggravated assault but contested the manslaughter charge, arguing his actions did not cause her death or that delayed medical treatment broke the chain of causation.

The court found that the blunt force trauma was a significant contributing cause that accelerated her death, and that no intervening act severed legal causation.

The accused was found guilty of manslaughter.

The accused, an Indigenous man with a significant criminal record including a prior manslaughter conviction, pleaded guilty to manslaughter for the beating death of the victim.

The court considered the brutal nature of the assault, the use of weapons, and the accused's callous disregard for the victim's life as aggravating factors.

Applying Gladue principles, the court acknowledged the accused's traumatic background but emphasized the need for denunciation, deterrence, and public protection.

The accused was sentenced to 16 years' imprisonment, reduced to approximately 12 years after credit for pre-sentence custody.

The accused was charged with break and enter, sexual assault, and breach of probation following a night of heavy drinking and drug use with the complainant and others.

The complainant alleged she woke up partially undressed and believed the accused had assaulted her while she was passed out, though she admitted to severe memory loss.

The accused testified that they had consensual sexual intercourse.

The court found the complainant's evidence unreliable due to extreme intoxication, memory loss, and inconsistencies in her statements about being choked.

Furthermore, DNA from an unknown male was found on the complainant.

Applying the W.(D.) framework, the court was left with a reasonable doubt and acquitted the accused on all charges.

The accused, an Indigenous man with mental health issues, was held in continuous administrative segregation for 1,647 days while awaiting trial for first degree murder.

He brought an application seeking a stay of proceedings, alleging violations of his rights under ss. 7, 9, 12, and 15 of the Charter.

The court found that the prolonged segregation, which lacked meaningful review and mitigating measures, constituted cruel and unusual treatment, arbitrary detention, and a deprivation of liberty and equality rights.

The court concluded that the state misconduct caused permanent cognitive impairment, including memory loss, which irreparably prejudiced the accused's right to a fair trial and undermined the integrity of the justice system.

A stay of proceedings was granted.