Wanda B. F. Corston

The accused, who are Indigenous persons, were charged with possessing cannabis for the purpose of selling it at unlicensed dispensaries located on First Nations reserves.

The Crown conceded a section 8 Charter breach regarding one dispensary due to the improper use of a telewarrant, but the court admitted the evidence under section 24(2) of the Charter.

For the other two dispensaries, the court found the search warrants valid despite minor inaccuracies in the premises descriptions.

The court found the essential elements of the offences proven but refrained from entering convictions pending a constitutional challenge.

The plaintiff was evicted from a seniors' housing complex located on provincial land adjacent to a First Nation reserve.

She sued the federal and provincial Crowns, alleging negligence, breach of fiduciary duty, and vicarious liability for the actions of First Nations constables and the OPP's failure to intervene.

The federal Crown moved to strike the claim under Rule 21, and the provincial Crown moved for summary judgment under Rule 20.

The court granted both motions, finding that the federal Crown owed no private law duty of care or fiduciary duty to the plaintiff and was not vicariously liable for First Nations constables.

The court also found no genuine issue for trial against the provincial Crown, as the OPP owed no private law duty of care to the plaintiff in these circumstances.