Zachary Kerbel

Appeal from conviction and sentence for conspiracy to import a narcotic.

The appellant was convicted of conspiring to import cocaine from St. Maarten to Montreal.

The appeal raised three grounds: whether the verdict was unreasonable, whether the jury charge was inadequate, and whether the trial judge erred in dismissing a Charter s. 11(b) application regarding delay.

The court dismissed all grounds of appeal, finding the evidence supported the conviction, the jury instructions were adequate, and the delay was justified under both the Jordan framework and transitional exceptional circumstances.

The sentence of nine years was upheld as fit.

The appellant appealed his conviction and sentence imposed by the Superior Court of Justice.

The Court of Appeal upheld the conviction and the 33-month sentence as fit, finding no error in principle regarding the trial judge's characterization of the sentencing range.

However, the court varied the sentence by modifying the firearms prohibition from a lifetime ban under s. 109(2) to a ten-year ban, considering the appellant's youth and absence of prior firearm misuse.

The appellant appealed his convictions for impaired driving and operating a motor vehicle with a blood alcohol concentration over 80.

He argued that his statement to police and the officer's observations of the smell of alcohol were inadmissible under section 7 of the Charter, as he was statutorily compelled to report the accident under the Highway Traffic Act.

The Superior Court of Justice dismissed the appeal, finding that the officer's observations were not conscriptive evidence and that the appellant failed to establish an honest and reasonably held belief that he was required by law to make the statement.

The appellant appealed his convictions for impaired driving and driving 'over 80' on the ground that the trial judge's reasons were insufficient.

At trial, the appellant and the arresting officer provided conflicting testimony regarding the appellant's driving and signs of impairment, which formed the basis of a Charter application challenging the breath demand.

The trial judge dismissed the Charter application and convicted the appellant without explaining how he resolved the contradictory evidence or why he preferred the officer's testimony.

The Superior Court of Justice allowed the appeal, finding the trial judge's reasons manifestly insufficient to permit meaningful appellate review, set aside the convictions, and ordered a new trial.

The accused pleaded guilty to counselling to make child pornography and counselling to transmit child pornography.

The Crown and defence reached a joint submission on sentence, but disagreed on whether a weapons prohibition under s. 110 of the Criminal Code was appropriate.

The court imposed a three-year weapons prohibition, finding that offences involving child pornography inherently constitute violence against persons within the meaning of s. 110(1)(a), and that the accused's conduct included implicit threats of sexual violence against children.