Wendy Lee Houtmeyers

The Ontario Ministry of the Attorney General and the Public Prosecution Services of Canada jointly applied for the appointment of a computer forensic analyst to seize and seal inadvertently recorded audio-video communications made by the Woodstock Police Services.

These recordings included privileged solicitor-client communications and court proceedings.

The court found it had inherent jurisdiction to intervene to protect Charter rights and solicitor-client privilege.

While declining to appoint the analyst directly as requested, the court ordered the appointment of a referee (a member of the Ontario Bar) to select an analyst, oversee the segregation of privileged communications from court recordings, notify affected counsel, and manage the destruction of recordings as appropriate.

The costs of the referee and analyst are to be borne by the Crown.

Erik Strong pleaded guilty to four drug-related charges and was found guilty by a jury on a fifth, including trafficking in large quantities of cannabis marihuana, conspiracy to traffic, and possession of proceeds of crime.

The court considered aggravating factors such as Strong's leadership role in a sophisticated commercial wholesale operation, the large quantities of marihuana involved, and the significant value of the enterprise.

Mitigating factors included his guilty pleas, lack of significant prior record, and significant rehabilitative efforts since his arrest.

The defence argued for a reduced sentence due to anticipated changes in cannabis legislation and alleged state misconduct, both of which the court rejected.

The court also considered credit for onerous bail conditions.

A global sentence of 3 years (1095 days) was imposed, reduced by 78 days for pre-sentence custody and harsh bail conditions, resulting in a net sentence of 2 years, 287 days.

A fine of $25,000 plus a $7,500 victim surcharge was ordered, along with forfeiture of seized cash, a 10-year firearms prohibition, and a DNA order.

Michael Oduh, charged with serious drug trafficking offences, applied for a stay of proceedings pending state-funded counsel (a Rowbotham application) after being denied Legal Aid Ontario coverage.

The court found that Oduh lacked the financial means to retain private counsel for a complex, lengthy trial and that counsel was essential for him to receive a fair trial, given the seriousness of the charges, the potential for a lengthy jail term, and his lack of familiarity with the criminal justice system.

The application was allowed, and proceedings were stayed until state-funded counsel was provided.