Credit to the team at Supreme Advocacy
Leaves Dismissed
Criminal Law: Fraud; Forgery
Khan v. R., 2022 ONCA 698 (40490)
The Applicant was charged with numerous offences, including forgery and fraud over $5K. The forgery charges arose from a fake identification card business. The fraud charges arose from an allegation of income tax evasion in the years 2005 to 2009. The trial judge convicted the Applicant of the forgery charges and fraud over $5K. The Ont. C.A. dismissed the appeal. “The application for leave to appeal … is dismissed.”
Source: SCC Today: 11 Leaves Dismissed
Criminal Law: Accused’s Criminal Record
Asante v. R., 2022 ONCA 657 (40463)
Mr. Asante was charged with first degree murder and attempted murder in connection with a shooting. The Crown brought a pre-trial application to admit a photograph of a handgun found on Mr. Asante’s cellphone. The trial judge ruled the photo was admissible as evidence. Before testifying in his defence, Mr. Asante brought a Corbett application to excise reference to portions of his criminal record. The trial judge allowed the application in part, but declined to excise reference to: one count of possession of a firearm knowing its possession was unauthorized; and one count of possession of a firearm or ammunition contrary to a prohibition order. Mr. Asante was convicted of first degree murder and of attempted murder. The Ont. C.A. dismissed Mr. Asante’s appeal from his convictions. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed.”
Source: SCC Today: 17 Leaves Dismissed
Criminal Law: Child Porn; Luring
L. v. R., 2022 ABCA 269 (40427)
There is a publication ban in this case, in the context of child porn and luring. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed.”
Source: SCC Today: 17 Leaves Dismissed
Criminal Law: Evidence Exclusion
Kerr v. R., 2022 ONCA 530 (40494)
An informant with a criminal history alleged Mr. Kerr was seeking help to murder his ex-girlfriend. Police used the informant as an agent to arrange a meeting between Mr. Kerr and an undercover officer and obtained a warrant to intercept their communications. The affidavit filed in support of the Information to Obtain the warrant did not disclose consideration was given to the informant. Mr. Kerr called the undercover officer and the call was intercepted. His utterances were interpreted by the informant as coded inculpatory statements. Mr. Kerr applied to have the evidence excluded from trial for breaches of ss. 7 and 8 of the Charter. The trial judge admitted the evidence and convicted Mr. Kerr of attempting to obstruct justice and on two counts of counselling to commit murder. The Ont. C.A. dismissed an appeal from the convictions. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed.”
Source: SCC Today: 17 Leaves Dismissed
Criminal Law: Expungement of Criminal Record
Klos v. R., 2022 BCCA 361 (40532)
There is a sealing order in this case, in the context of a summary conviction appeal to expunge a criminal record. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 17 Leaves Dismissed
Criminal Law: Forfeiture
Derome v. Attorney General of Québec, 2022 QCCA 1120 (40382)
The Applicant, Michel Derome, pleaded guilty to counts of trafficking in cannabis resin, possession of cocaine for the purpose of trafficking, and trafficking in cocaine. Given a restraint order had previously been made in respect of the Applicant’s residence, the Respondent A.G. Qué. applied for the forfeiture of the property under ss. 16 et seq. of the Controlled Drugs and Substances Act. When the application was heard in the Court of Québec, the judge, without holding a voir dire, allowed the cross-examination of the Applicant on a statement made to the police at the time of his arrest. The application was allowed and the full forfeiture of the Applicant’s property was ordered. The Qué. C.A. dismissed the Applicant’s appeal. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 17 Leaves Dismissed
Criminal Law: Self-Defence
R. v. King, 2022 ONCA 665 (40467)
The victim was shot by the Respondent and died. The Respondent was charged with second degree murder. The Respondent testified he acted in self-defence. After a trial by judge and jury, the Respondent was acquitted. The Ont. C.A. dismissed the Crown’s appeal. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 17 Leaves Dismissed