Credit to the team at Supreme Advocacy
Leaves Granted
Criminal Law: Second Degree Murder; Self-Defence
Hodgson v. R., 2022 NUCA 9 (40498)
Mr. Hodgson was charged with second degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who had been sleeping in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson applied a one-arm choke hold on him. Mr. Hodgson raised self-defence and was acquitted at trial. The Nunavut C.A. set aside the acquittal and ordered a new trial. “The application for leave to appeal…is granted”.
Source: SCC Today: 1 Leave Granted & 18 Dismissed
Criminal Law: Negligent Operation of a MV
Wolfe v. R., 2022 SKCA 132 (40558)
After consuming alcohol, Mr. Wolfe drove his vehicle on the wrong side of a divided highway at night and collided head-on with another vehicle. Two occupants of the other vehicle were killed. The third occupant was seriously injured. Mr. Wolfe was convicted on two counts of criminal negligent operation of a motor vehicle causing death and one count of criminal negligent operation of a motor vehicle causing bodily harm. He was sentenced to three concurrent terms of imprisonment and three driving prohibitions. The Sask. C.A. dismissed an appeal from the sentences. “The application for leave to appeal…is granted.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Leaves Dismissed
Criminal Law: Browne v. Dunn
Soroush v. R., 2022 MBCA 84 (40488)
Mustafa Peyawary was beaten to death in an apartment. Aram Soroush (the Applicant), Ahamed Ismail, Damir Kulic, and Matthew Marjanovic were charged with Mr. Peyawary’s death. None of the accused other than Mr. Ismail testified at trial. The trial judge found the rule in Browne v. Dunn (1893), 6 R. 67 (HL (Eng)) was not breached. After a trial by a judge and jury, the Applicant, Mr. Ismail and Mr. Kulic were convicted of first degree murder and Mr. Marjanovic of second degree murder. The conviction appeals were dismissed. The Man. C.A. upheld the trial judge’s conclusion the rule in Browne v. Dunn was not breached and the jury instruction was appropriate. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 18 Dismissed
Criminal Law: Damages For Non-Disclosure
Plamondon v. Attorney General of Québec, 2022 QCCA 882 (40359)
The Applicant, Mr. Plamondon, was convicted of the first degree murder of three individuals in the 1980s. After serving nearly 28 years in prison, he was discharged on the charges laid against him. It was in this context he brought proceedings against the Crown, arguing he had been the victim of a miscarriage of justice arising from the prosecution’s deliberate failure to disclose essential evidence to him. According to Mr. Plamondon, that failure had impaired his right to make full answer and defence, thereby infringing s. 7 of the Charter and giving rise to a claim for compensatory and punitive damages under s. 24(1). At the end of the trial, the trial judge dismissed Mr. Plamondon’s action, finding the undisclosed information had not been intentionally omitted by the prosecution and, in any event, would not have affected the guilty verdict. The Qué. C.A. found there was no error of fact or law in the trial judgment, dismissing the appeal. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 18 Dismissed
Criminal Law: DNA Samples
Wilson v. Canada (Attorney General), 2022 NBCA 58 (40525)
An order was issued for the post-conviction collection of Mr. Wilson’s DNA following a primary designated offence of manslaughter. Under s. 487.056(1) of the Criminal Code, the sample should have been obtained that day or as soon as feasible afterwards. The RCMP discovered the DNA sample had not been collected and attempted to obtain a sample from Mr. Wilson. Mr. Wilson was charged with violating s. 127(1)(b) for refusing to comply with the 2007 DNA order. Following his arrest, he provided the DNA sample to the RCMP, was released from custody, and the charge was withdrawn. The chambers judge dismissed the application for J.R. and the N.B. C.A. dismissed the appeal, holding since the DNA sample had been provided and Mr. Wilson conceded it had to be given, there would be no purpose to pronounce on the process used to obtain the sample as the matter was moot. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 18 Dismissed
Criminal Law: Guilty Plea Withdrawal
Rai v. R., 2022 ONCA 703 (40530)
Mr. Rai plead guilty to multiple offences including five counts of driving while disqualified, after having been correctly advised those offences would invoke a lifetime suspension of his driver’s licence under the Highway Traffic Act, but incorrectly advised he could apply for reinstatement after 10 years. The sentencing judge ordered a 10-year driving prohibition pursuant to the Criminal Code. Mr. Rai had not been advised the Highway Traffic Act mandated five additional consecutive two-year suspensions. Mr. Rai appealed, seeking to have his guilty pleas withdrawn. The Ont. C.A. dismissed the appeal. “The motion to appoint counsel is dismissed. The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 18 Dismissed
Criminal Law: Alleged Ineffective Assistance of Counsel
S.B.C. v. R., 2022 ONCA 171 (40342)
There is a publication ban in this case, a publication ban on the party, in the context of alleged ineffective assistance of counsel. “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: 35 Leaves Dismissed
Criminal Law: Firearm Storage
Rana v. R., 2022 ONCA (40517)
Police responded to Mr. Rana’s phone calls to 911 seeking assistance during which Mr. Rana stated he was armed with a hand gun and he might kill a man in his home. Police asked to see the firearm and its location. Ms. Rana retrieved a gun box from under laundry in a bedroom closet. The gun box did not have a lock and it contained a restricted firearm that did not have a trigger lock. Mr. and Ms. Rana testified it was normally stored in a locked safe to which only Ms. Rana had a key and Mr. Rana did not know where the key was kept. Mr. Rana, the licenced owner of the firearm, was found guilty of storage of a firearm in contravention of s. 6 of the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations. He was granted an absolute discharge. He was found not guilty of careless storage of a firearm. Section 491(1) of the Criminal Code mandated forfeiture of the firearm. The Ont. C.A. dismissed an appeal. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 35 Leaves Dismissed
Criminal Law: First Degree Murder
Moore v. R., 2020 ONCA 827 (40253)
Four men were fatally shot in three unconnected shootings. Mr. Moore was charged with all four murders and tried before a jury. An application to sever one charge was dismissed. The Crown’s case was circumstantial and in part relied on evidence of Mr. Williams, an unsavoury witness whose testimony required a Vetrovec warning. The Crown’s case also relied on intercepted phone and text messages, Mr. Moore’s rap lyrics, after-the-fact conduct, evidence connecting Mr. Moore to the two handguns used in the shootings, forensic evidence, and the Crown’s theory of motive. A jury convicted Mr. Moore on four counts of first degree murder. The Ont. C.A. dismissed an appeal. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to appoint counsel is dismissed. The application for leave to appeal…is dismissed.”
Source: SCC Today: 35 Leaves Dismissed
Criminal Law: Fisheries; Summary Dismissal of Appeal
Landry v. R., 2022 NBCA 37 (40429)
In the New Brunswick Provincial Court, the Applicant, Ms. Landry, was convicted of an offence under the federal Fisheries Act. The Court of Queen’s Bench dismissed her appeal. The Applicant then appealed to the N.B.C.A. At the Respondent’s request, the Registrar referred the Applicant’s notice of appeal to the C.A. for consideration under s. 685 of the Criminal Code which permits the summary dismissal of an appeal based on an unfounded ground of law. The N.B.C.A. was of the view this provision applied and dismissed the appeal summarily. “The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal…is dismissed.”
Source: SCC Today: 35 Leaves Dismissed
Criminal Law: Habeas Corpus
Codina v. Grand Valley Institution for Women, 2021 ONCA 877 (40627)
Ms. Codina was convicted of breaches of the Immigration and Refugee Protection Act and sentenced to 7 years. She applied for a writ of habeas corpus challenging the warrant of committal. The Ontario Superior Court of Justice dismissed the writ in summary judgment proceedings. The Ont. C.A. dismissed an appeal. “The application for leave to appeal…is dismissed. Jamal J. took no part in the judgment.”
Source: SCC Today: 35 Leaves Dismissed
Criminal Law: Victims of Crime Compensation
Bouchard v. Criminal Injuries Compensation Board, 2018 ONCA (40541)
Applicant Nicole Bouchard was found by the Respondent Criminal Injuries Compensation Board to be a victim of a crime of violence under the Ontario Compensation for Victims of Crime Act, in relation to multiple incidents occurring between 1971 and 1990. After a 2008 hearing, the Board awarded Ms. Bouchard certain amounts for pain and suffering, and for past therapy expenses. In 2013 she sought to vary the Board’s order to obtain compensation for recently incurred physiotherapy treatment expenses. Based on a lack of medical evidence connecting Ms. Bouchard’s recent need for physiotherapy to the crimes of violence committed between 1971 and 1990, the Board denied the variation request. Ms. Bouchard unsuccessfully sought review of that decision by the Board. However, following subsequent variation requests, the Board varied its original order to include an amount for future counselling and treatment by a psychologist, but dismissed Ms. Bouchard’s request for past and future physiotherapy treatment expenses. Ms. Bouchard appealed to the Divisional Court. Her appeal was dismissed. The Ont. C.A. dismissed her motion for leave to appeal from the Divisional Court’s judgment. “The motion for an extension of time to serve and file the application for leave to appeal…is dismissed.”
Source: SCC Today: 35 Leaves Dismissed
Criminal Law: Sexual Offences; Dangerous Offender Designation
X v. R., 2014 QCCA 303 (40357)
There is a publication ban in this case, in the context of sexual offences committed as a youth, and after becoming an adult. “The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal…would have been dismissed.”
Source: SCC Today: 4 Leaves Dismissed
Criminal Law: Time Extensions
Laurin v. R., 2020 QCCA 403 (40531)
Seven criminal convictions were entered against the Applicant, Emmanuel Laurin, by the Court of Québec and the Municipal Court of Sherbrooke. Wishing to appeal the judgments, Mr. Laurin filed a motion for leave to appeal in the Qué. C.A. as well as a motion for an extension of time to appeal. The Qué. C.A. unanimously dismissed both motions. “The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal…would have been dismissed.”
Source: SCC Today: 4 Leaves Dismissed
Criminal Law: Bail
C. v. R., 2022 ONCA 877 (40610)
There is a publication ban in this case, in the context of bail review after a charge of first degree murder. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Delay
Carter v. R., 2022 ABCA 276 (40554)
Mr. Carter was charged with criminal harassment and tried jointly with co-accused. The Court of Queen’s Bench of Alberta dismissed an application to stay the proceedings for unreasonable delay in breach of s. 11(d). Mr. Carter was convicted by a jury of criminal harassment. The Alta. C.A. dismissed an appeal. “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. Martin J. took no part in the judgment.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: First-Party Disclosure
L. v. R., 2022 NBCA 28 (40537)
There is a publication ban in this case, in the context of first-party disclosure of information on cell phones. “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: 1 Leave Granted & 25 Dismissed
Criminal Law: Harassment; Bribery; Charter Standing
Walton, et al. v. R., 2022 ABCA 276 (40480)
The Waltons operated a private security company. They were hired by Mr. Carter to provide protection services and to gather information in support of Mr. Carter’s position in a custody dispute. Mr. Braile worked for the Waltons. He contacted the mother of the child directly and then the police. A criminal investigation ensued. The police relied on Mr. Braile’s voluntary consent and electronic communications to secure the production orders and search warrants. At a voir dire, the trial judge dismissed the Waltons’ s. 8 Charter challenge, finding they lacked standing to bring the application because they did not have a reasonable expectation of privacy in the electronic communications stored by Mr. Braile on his email account. After a trial by judge and jury, Mr. Walton was convicted of criminal harassment. Both Mr. Walton and Ms. Walton were convicted of bribery of a peace officer and a firearms offence. The Alta. C.A. dismissed the appeal. “The motion to join two Court of Appeal of Alberta files in a single application for leave to appeal is granted. 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: 1 Leave Granted & 25 Dismissed
Criminal Law: Manslaughter; Trafficking
Lafrenière-Milot v. R., 2022 QCCA 1015 (40380)
The accused, Jonathan Lafrenière-Milot, was involved in a drug transaction and showed up armed with a knife. During the transaction, the victim tried to steal the drugs from Mr. Lafrenière-Milot, who told the victim he would use his knife if he was not paid. The victim then tried to punch Mr. Lafrenière-Milot, who reacted by avoiding the blow and stabbing the victim with the knife, causing a fatal injury. The trial judge rejected the accused’s defence of self-defence and convicted him of cocaine trafficking and manslaughter. The Qué. C.A. unanimously upheld the trial judge’s decision and dismissed Mr. Lafrenière-Milot’s appeal. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Sexual Assault
H. v. R., 2022 SKCA 124 (40544)
There is a publication ban in this case, in the context of sexual assault by a physician on a patient. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed