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Criminal Law: Sexual Offences; Hearsay
R. v. S.S., 2022 ONCA 305, 2023 SCC 1 (40147)
There is a publication ban in this case (see beginning of Ont. C.A. judgment).
The Chief Justice: “A majority of this Court would allow the appeal, substantially for the reasons of the dissenting judge, MacPherson J.A. Justice Rowe would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal. Therefore, the appeal is allowed and the conviction is restored.”
Source: SCC Today: Criminal Law; Sexual Offences; Hearsay
Criminal Law: Sexual Assault; Language Rights
Tayo Tompouba v. R., 2022 BCCA 177 (40332)
There is a publication ban in this case, certain information not available to the public, in the context of language rights in a sexual assault trial. “The application for leave to appeal…is granted.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Air of Reality Threshold
K. v. R., 2022 MBCA 49 (40327)
There is a publication ban in this case, in the context of air of reality threshold in a manslaughter (and related charges) case. “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: Alleged Ineffective Assistance of Counsel
Thomas v. R., 2018 ONCA 694 (40341)
The Applicant was charged with the second degree murder of his common law spouse. The murder was alleged to have occurred in the early morning hours on January 1, 2007. A couple of months later, the victim’s badly decomposed body was discovered. After a trial by judge and jury, the Applicant was convicted of second degree murder. He was sentenced to life imprisonment with no eligibility for parole for a period of 16 years. In the context of alleged ineffective assistance of counsel, the Ont. C.A. dismissed the conviction and sentence appeals. “The motion for an extension of time to serve and file the application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Delay
Campbell v. R., 2022 ONCA 223 (40287)
The Applicant, Dwayne Campbell, together with a co‑accused, participated in a home invasion on December 19, 2016. The trial regarding the charges relating to the event was scheduled to commence on July 8, 2019, following two prior adjourned trials as a result of the co‑accused’s conduct. The Applicant applied for a stay of proceedings for violation of s. 11(b) of the Charter. The application judge dismissed the application. The Applicant was convicted of two counts of robbery, two counts of forcible confinement and use of an imitation firearm in the commission of an offence. He appealed the convictions and alleged that the application judged erred in dismissing his application. The Ont. C.A. dismissed the 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: 1 Leave Granted & 25 Dismissed
Criminal Law: Fraud
Motayne v. R., 2022 ONCA 562 (40356)
For several years the Applicant Marcia Motayne worked as the director of finance for New Visions Toronto (NVT), a not-for-profit organization supporting children and adults with physical and intellectual disabilities. During that time she had exclusive control over NVT’s electronic payroll process. Ms. Motayne was terminated from her position. Shortly after Ms. Motayne’s termination, a large-scale payroll fraud was discovered. Money had been transferred through NVT’s electronic payroll process, via unused employee numbers, to various bank accounts registered in Ms. Motayne’s name. The fraud had taken place over several years and had deprived NVT of over $900,000. Ms. Motayne was charged with one count of fraud over $5,000 contrary to s. 380(1)(a) of the Criminal Code. She was convicted following a jury trial. Ms. Motayne appealed from the conviction, primarily on the basis the trial judge’s charge to the jury was flawed. The Ont. C.A. dismissed the appeal. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Homicide
Noskiye v. R., 2022 ABCA 183 (40313)
Mr. Yellowknee left a party after an argument with Mr. Bigstone. Mr. Noskiye, Mr. Bigstone and Ms. Nanemahoo followed him and a fight broke out. Mr. Yellowstone was stabbed several times, fatally. Mr. Bigstone was cut in the neck. Mr. Noskiye was convicted for the second degree murder of Mr. Yellowknee and acquitted on a charge of assaulting Mr. Bigstone. The Alta. C.A. dismissed an appeal. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Juvenile Sentencing
R. v. M.M., 2022 NSCA 46 (40343)
There is a publication ban in this case, in the context of youth sentencing re sexual assault. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Payment Card Fraud
B. v. R., 2021 QCCA 1353 (39930)
There is a publication ban in this case, a Sealing order, and certain information not available to the public, in the context of payment card fraud. “The motion for an extension of time to serve and file the transcripts necessary for 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: Robbery
Scott v. R., 2022 ONCA 317 (40340)
Two masked men committed a violent home invasion and robbery. Meanwhile, a police officer was responding to a call from a neighbour reporting a vehicle had parked in a no-parking zone, he had seen two men exit the vehicle and don ski masks, and the driver remained in the vehicle. The officer found Mr. Scott seated in the front of the vehicle. The testimony of the responding police officer conflicted in part with the testimony of the neighbour. Based on the testimony of the neighbour, Mr. Scott was convicted of robbery for aiding the robbers or for being wilfully blind to their intent to commit robbery. 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: 1 Leave Granted & 25 Dismissed
Criminal Law: Sex Work Constitutionality
N.S. v. R., 2022 ONCA 160 (40324)
There is a publication ban in this case, and a publication ban on the party, in the context of the constitutionality of sex work 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.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Sexual Assault
M. v. R., 2022 ABCA 251 (40375)
There is a publication ban in this case, in the context of sexual assault convictions. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Sexual Offences; Disclosure
C.B. v. R., 2022 ONCA 572 (40349)
There is a publication ban in this case, as well as a Sealing order, in the context of disclosure issues re complainant’s diary entries. “The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Granted & 25 Dismissed
Criminal Law: Long-Term Offenders
L.A. v. R., 2021 QCCA 352 (40209)
There is a publication ban in this case, in the context of violent offences against two victims with whom the accused had been in conjugal relationships. “The motion for 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 & 2 Dismissed
Criminal Law: Return of Seized Property
Azubuike v. Copart Canada Inc., et al. 2022 QCCA 372 (40026)
The Respondent Copart Canada Inc. sold used vehicles through online auctions. In January 2020, Copart complained to police about an allegedly fraudulent transaction in the amount of $300K in relation to the sale of 57 vehicles. A police investigation led to criminal charges against the Applicant, Ekens Azubuike, for fraud and for possession of stolen property. Police found and seized 36 of the 57 vehicles. In November 2020, Copart was informed by the police the vehicles were no longer required for the investigation. In January 2021, Copart filed an application pursuant to s. 490 of the Criminal Code for the return of the seized vehicles. The Court of Québec granted Copart’s application for the return of the vehicles. The Superior Court of Québec dismissed Mr. Azubuike’s appeal from this decision, and the Qué. C.A. dismissed a further appeal by Mr. Azubuike, for lack of jurisdiction over the proceedings. “Pursuant to Rule 8 of the Rules of the Supreme Court of Canada, the time to serve and file the applicant’s reply, is extended to September 19, 2022. The motion for a stay of execution is dismissed. The other various requests for miscellaneous relief are dismissed. The application for leave to appeal…is dismissed.”
Source: SCC Today: 1 Leave Dismissed
Criminal Matters Opened
- Haque v. R., 2022 SKCA 124 file opened 2023-01-05 (40544)
- Carter v. R., 2022 ABCA 305 file opened 2023-01-18 (40554)
- Wolfe v. R, 2022 SKCA 132 file opened 2023-01-18 (40558)
- Berry v. R., 2022 BCCA 389 file opened 2023-01-24 (40567)
- Lindsay v. R., (As of Right) 2022 ABCA 424 file opened 2023-01-24 (40569)
- Gordon v. R., 2022 ONCA 799 file opened 2023-01-24 (40571)
- Cullen [K.C] v. R., 2022 QCCA 1611 file opened 2023-01-24 (40572)
- R. v. Spencer, 2022 SKCA 135 file opened 2023-01-26 (40574)
- Imona-Russell v. R., (Ontario) file opened 2023-01-30 (40578)
- Nawaf Al-Enzi v. R., 2021 ONCA 81 file opened 2023-01-31 (40579)
- MacKinnon v. R., 2022 ONCA 811 file opened 2023-01-31 (40581)