Credit to the team at Supreme Advocacy
Leaves Granted
Criminal Law: Sexual Assault
R. v. T., 2022 BCCA 345 (40447)
There is a publication ban in this case, in the context of sexual assault. “The motion to expedite the application for leave to appeal is granted. The application for leave to appeal…is granted. The hearing of the appeal will be expedited and will be heard with His Majesty the King v. Christopher James Kruk (40095). The schedule for serving and filing the appeal documents will be set by the Registrar.”
Source: SCC Today: 8 Leaves Granted & 16 Dismissed
Leaves Dismissed
Criminal Law: Extradition
H. v. Attorney General of Canada on behalf of the United States of America, 2022 BCCA 272 (40296)
There is a publication ban in this case, in the context of extradition. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 8 Leaves Granted & 16 Dismissed
Criminal Law: “High Risk” NCR
Lafrenière v. R., 2022 QCCA 96 (40107)
In 2018, following an argument with the victim, the Applicant reacted very angrily and struck the victim in the head many times with multiple heavy objects. The Applicant was found not criminally responsible on account of mental disorder for second degree murder. The Crown later applied for a finding the Applicant was a “high-risk accused” under s. 672.64 of the Criminal Code. In March 2021, the Québec Superior Court found the Applicant to be a “high-risk accused” under s. 672.64(1)(b), which states a person who has been found not criminally responsible on account of mental disorder may be designated “high-risk” if the court is of the opinion “that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person”. The Qué. C.A. unanimously dismissed the Applicant’s appeal. “The application for leave to appeal…is dismissed. Wagner C.J. took no part in the judgment.”
Source: SCC Today: 8 Leaves Granted & 16 Dismissed
Criminal Law: Historical Sexual Assault
B.E.M. v. R., 2022 ABCA 207 (40221)
There is a publication ban in this case, in the context of alleged historical sexual assault. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 8 Leaves Granted & 16 Dismissed
Criminal Law: Homicide
Johnson v. R., 2022 ONCA 534 (40330)
The Applicant and two brothers were friends and planned a robbery. The two brothers were shot and died. The Applicant was charged with their deaths. The application judge held H.’s statement to the police was inadmissible. The jury found the Applicant guilty of two counts of first degree murder. The conviction appeal was dismissed. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 8 Leaves Granted & 16 Dismissed
Criminal Law: Search Warrants
Donaldson v. R., 2022 ONCA 415 (40329)
The police received information Sam Donaldson (“Donaldson”), threatened the complainant by telling her he was going to attend at her place of employment and “shoot [her] in the head” and “shoot up” her house. The complainant told the police Donaldson had firearms, and he lived at two different addresses: 11 Brunel Court and 193 Beverley Street, both in Toronto. On the strength of this information, the police applied for and obtained judicial authorization to search both places. Upon their search of the Brunel Court residence, police officers located a handgun with an overcapacity magazine and ammunition, mail addressed to Donaldson, 3.27 grams of fentanyl and $7,960. Donaldson applied in the Superior Court of Justice to have all evidence seized from 11 Brunel Court excluded pursuant to s. 24(2) of the Charter on the basis his rights protected by s. 8 of the Charter had been violated. The trial judge agreed, and excluded the evidence seized. Donaldson was acquitted. On appeal by the Crown, the Ont. C.A. overturned Donaldson’s acquittals, and ordered a new trial. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 8 Leaves Granted & 16 Dismissed
Criminal Law: Sexual Assault
D. v. R., 2019 ABCA 434 (40367)
There is a publication ban in this case, in the context of sexual assault. “The motion to appoint counsel is dismissed. The application for leave to appeal…is dismissed.”
Source: SCC Today: 8 Leaves Granted & 16 Dismissed
Criminal Law: Criminal Negligence Causing Death/Necessaries of Life
R. v. Doering, 2022 ONCA 559 (40372)
The Respondent, a police officer, arrested a woman on an outstanding warrant. The Respondent believed her to be intoxicated by methamphetamine upon arrest; she was agitated but alert and ambulatory. An EMS supervisor attended the scene; he did not examine the woman directly but did not express any reservations about her being held in custody. Unbeknownst to the Respondent and the EMS supervisor, the woman had already ingested a toxic amount of methamphetamine. The Respondent transported her to another location to transfer her to the custody of another police force. Upon arrival, the woman could not speak, sit up, or respond to commands. The Respondent told his counterparts from the other force her condition had not changed and she had been “looked at” by EMS. The other police officers took the woman to a police lockup. Twenty-five minutes later, another officer summoned EMS, who transported the now-unresponsive woman to the hospital. She died approximately one hour later as a result of methamphetamine toxicity. The Respondent made certain factual admissions at trial the Crown relied upon to prove he caused the woman’s death in fact and in law. The trial judge agreed and convicted the Respondent of criminal negligence causing death and failing to provide the necessaries of life; the Ont. C.A. disagreed and substituted an acquittal for criminal negligence causing death, but maintained the conviction on failing to provide the necessaries of life. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 13 Leaves Dismissed
Criminal Law: Historic Sexual Offences
Dedam v. R., 2022 NBCA 41 (40410)
Three adult complainants who had lived with Mr. Dedam and his family as children alleged historic sexual offences. Mr. Dedam was convicted of sexual assault, rape, sexual intercourse with a female under 14 years of age, and sexual intercourse with a female between 14 and 16 years of age. He was sentenced to concurrent terms of imprisonment. The longest sentences were ten years. The N.B.C.A. dismissed an appeal from the convictions and allowed an appeal from the sentences, reducing the global term to 9 years. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 13 Leaves Dismissed
Criminal Law: Right to Counsel
Wilson v. R., 2022 QCCA 1131 (40185)
A Court of Québec judge acquitted the Applicant, Bruce Wilson, of four charges relating to possession of and trafficking in drugs contrary to the Controlled Drugs and Substances Act. The acquittals stemmed from the judge’s decision to exclude all evidence obtained by the police following the violation alleged by the Applicant of his right to counsel. The Qué. C.A. allowed the Crown’s appeal in part and ordered the continuation of the trial on two of the four charges. “The application for leave to appeal…dismissed.”
Source: SCC Today: 13 Leaves Dismissed
Criminal Law: Historic Sexual Assault
R. v. W.D.M., 2022 SKCA 64 (40345)
There is a publication ban in this case, in the context of alleged historic sexual assault. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 15 Dismissed
Criminal Law: Homicide
R. v. G., 2022 NSCA 53 (40379)
There is a publication ban in this case, in the context of various evidentiary matters re two counts of first degree murder, including party liability and the co-conspirators’ exception to hearsay. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 15 Dismissed
Criminal Law: Right to Counsel
Li v. R., 2022 ONCA 523 (40388)
Mr. Li was arrested at the scene of a single MVA for impaired driving. When advised of his right to counsel, he said he did not understand. The officer repeated the caution slowly and phrased it differently. At a hospital, before providing breath samples, Mr. Li spoke to Mandarin-speaking duty counsel. Later, at a police station, he was re-arrested for impaired operation of a motor vehicle causing bodily harm and again spoke to duty counsel. A trial judge admitted the evidence of the breath sample test results and convicted Mr. Li of impaired driving causing bodily harm. A charge of driving over .80 was stayed. 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 application for leave to appeal…is dismissed.”
Source: SCC Today: 15 Dismissed