Credit to the team at Supreme Advocacy
Criminal Law: Fraud; Corruption; Conspiracy
A. v. R., 2022 QCCA 752 (40160)
There is a publication ban in this case, as well as a Sealing Order; certain information is not available to the public in the context of fraud, corruption, and conspiracy charges. “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.”
Criminal Law: Gladue Reports
Aullaluk v. R., 2022 QCCA 1081 (40418)
Mr. Juusi Alasuak Aullaluk, the Applicant, was an Inuit man from Akulivik, a village in Nunavik in Northern Québec. In August 2021, Mr. Aullaluk was found guilty of intimidating a justice system participant in violation of s. 423.1(1)(b)(3) of the Criminal Code. On September 16, 2021, the Court of Québec sentenced the Applicant to eight months of imprisonment followed by 2 years of probation and an obligation to perform 200 hours of community service within 18 months of his release. No Gladue report or pre-sentencing report was adduced at the sentencing hearing. Neither the Respondent nor the Applicant requested that a Gladue report be drafted. The sentencing judge did not request a Gladue report prior to rendering his sentencing decision. The Applicant appealed his sentence. At the hearing, the Qué. C.A. authorized the filing of fresh evidence in the form of a pre-sentence report and a Gladue report prepared for the purpose of another case. A majority of the Qué. C.A. upheld the decision of the sentencing judge. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal…is dismissed.”
Criminal Law: Homicide
Al-Enzi v. R., , 2021 ONCA 81 (40579)
The victim was found in a field by Highway 417, outside of Ottawa. He had sustained a single gunshot wound to the back of his head. After a lengthy police investigation, the Applicant and two others were charged with first degree murder in relation to the victim’s death. The Applicant was convicted of first degree murder after a trial by judge and jury. The conviction appeal was dismissed. “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.”
Criminal Law: Contempt
Lavallee v. R., 2022 MBCA 100 (40583)
Ms. Lavallee was served with a subpoena to give evidence at a trial, but she did not willingly attend. After she was arrested pursuant to a witness warrant, she testified at the trial. The trial judge cited her for criminal contempt of court and ordered her to appear at a show-cause hearing. She pleaded guilty to criminal contempt but argued she had “purged” her contempt and no punishment should be imposed. The trial judge sentenced her to 10 months in jail, less time served. The Man. C.A. dismissed an appeal from the conviction, but allowed an appeal from the sentence and substituted a sentence of 5 months in jail. “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.”
Criminal Law: Homicide
Williams v. R., 2023 MBCA 11 (40674)
After consuming vodka and methamphetamine, Mr. Williams was walking down a street when he encountered two strangers. He chased them brandishing a knife. He repeatedly stabbed one man. The attack was fatal. A psychiatrist opined that at the time of the offence, Mr. Williams was in a psychotic state. The trial judge relied on the psychiatrist’s evidence and held Mr. Williams did not have the capacity to form the intent required to classify the homicide as murder. Mr. Williams was convicted of manslaughter. The Man. C.A. allowed an appeal and ordered a new trial. “The application for leave to appeal…is dismissed.”
Criminal Law: Out-of-Court Statements
B. v. R., 2022 BCCA 389 (40567)
There is a publication ban in this case, in the context of out-of-court statements re two homicide counts. “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.”
Criminal Law: Sexual Offences
A.J. v. Y.T., 2022 QCCA (40668)
There is a publication ban in this case; publication ban on the party; certain information not available to the public, in the context of sexual offences as between spouses. “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 with costs.”
Criminal Law: Delay
R. v. S.W.S., 2022 SKCA 135 (40574)
There is a publication ban in this case, in the context of delay due to DNA testing. “The application for leave to appeal…is dismissed.”