Credit to the team at Supreme Advocacy
Granted
Criminal Law: Young Persons
I.M. v. R., 2023 ONCA 378 (40868)
There is a publication ban in this case, certain information not available to the public, in the context of sentencing a young person as an adult. “The application for leave to appeal…is granted. This appeal will be heard with S.B. v His Majesty the King (40873).”
Criminal Law: Young Persons
S.B. v. R., 2023 ONCA 369 (40873)
There is a publication ban on the party in this case, in the context of sentencing a young person as an adult. “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 granted. This appeal will be heard with I.M. v. His Majesty the King (40868).”
Dismissed
Criminal Law: Circumstantial Evidence
Papasotiriou v. R., 2023 ONCA 358 (40814)
Mr. Lanteigne was murdered. His husband, Mr. Papasotiriou, and a co-accused were charged with first degree murder. Mr. Papasotiriou was living in Greece at the time of the murder and the Crown’s case against him relied on circumstantial evidence. A jury convicted Mr. Papasotiriou of first degree murder. The Ont. C.A. dismissed an appeal from the conviction. “The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal…is dismissed.”
Criminal Law: Counsel of choice
K.A.K v. R., et al., 2023 NLSC (40831)
There is a publication ban in this case, certain information not available to the public, in the context of requesting the A.G. to pay for counsel of choice. “The application for leave to appeal…is dismissed without costs.”
Criminal Law: Fraud
R. v. Tracy Kitch, 2023 NSCA 33 (40808)
The Respondent was the CEO of a hospital. The offences involved personal expenses incurred on her corporate credit card. The Respondent was convicted of fraud and fraud by a public officer. The N.S.C.A. allowed the appeal, set aside the convictions, and ordered a new trial. “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: Hearsay
D.A.A. v. R., 2023 ABCA 77 (40812)
There is a publication ban in this case, certain information not available to the public, in the context of photo lineup identification being admissible under the principled exception to the hearsay rule. “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: Summary Convictions
Côté v. R., 2023 QCCA 538 (40822)
The Applicant was convicted of offences punishable by way of summary conviction in connection with two incidents that occurred in July and August 2020. The Québec Superior Court dismissed the Applicant’s summary appeal and the Qué. C.A. dismissed the application for leave to 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. Côté J. took no part in the judgment.”
Criminal Law: Breach of Trust; Conspiracy; Obstruct Justice
Currado v. R., 2023 ONCA 274 (40804)
The Applicant was a police officer with the London Police Service (“LPS”). The Crown alleged that the Applicant accessed and disseminated confidential police information to unauthorized sources, and attempted to obstruct justice by using his position as a police officer to surreptitiously secure the release of a person in custody. The LPS turned carriage of the matter over to the Ontario Provincial Police before any charges were laid. The Applicant testified and stated that he was under the influence of a con man and acted under duress. The Applicant was convicted of breach of trust, conspiracy to commit breach of trust, and attempt to obstruct justice. The application for a stay of proceedings was dismissed. Both the application for a stay of proceedings, and the conviction appeal were dismissed. “The motion to appoint counsel is dismissed. The motion to file a lengthy memorandum of argument is granted. The application for leave to appeal…is dismissed.”
Criminal Law: Dangerous Offender Designation
Wong v. R., 2023 ONCA 118 (40837)
A drug dealer arranged to sell marijuana to Mr. Wong. When they met, Mr. Wong grabbed some of the marijuana and fired a gun at the dealer and his friend. At that same time, two men associated with Mr. Wong emerged and also fired guns at the dealer and his friend. Mr. Wong was convicted by a jury of two counts of attempted murder and one count of discharging a firearm with intent to wound. The Crown applied for a dangerous offender designation. The sentencing judge granted the designation and ordered an indeterminate sentence. 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.”
Criminal Law: Juror Questions
Gordon v. R., 2022 ONCA 799 (40571)
Mr. Gordon was tried before a jury for second-degree murder. Crown counsel’s case in part relied upon surveillance video tapes showing a man of similar appearance but wearing different clothing and shown first with a red backpack but then later without the backpack. During trial, a juror sent the trial judge a note disclosing he had difficulty identifying colours and asking if it mattered. The juror was questioned in court. The trial judge decided not to discharge the juror. The jury convicted Mr. Gordon of second degree murder. The Ont. C.A. dismissed an appeal. “The application for leave to appeal…is dismissed.”
Criminal Law: Arson
Singh v. R., 2023 MBCA 46 (40801)
The Applicant was the general manager of a pizza restaurant. There was a fire which originated at the restaurant and spread to the adjacent Inn. Experts’ reports were filed and there was testimony as to the origin and cause of the fire. The Applicant was convicted of two counts of arson. The Man. C.A. dismissed the conviction appeal. “The application for leave to appeal…is dismissed.”
Criminal Law: DUI
Sharma v. R., 2023 ONSC (40773)
The Applicant was initially charged with operating a motor vehicle with a blood alcohol content over 80. A replacement information was later sworn, charging the Applicant with one count of driving over 80 and an additional count of impaired driving. Kastner J. dismissed the Applicant’s Charter application and, after trial, convicted him of the over 80 offence and acquitted him of impaired driving. The Summary Conviction Appeal judge found a s. 7 Charter breach and determined the appropriate remedy under s. 24(1) was to impose a stay of proceedings on the impaired driving charge. Since the Applicant was acquitted on this charge, the remedy was moot. The appeal against conviction of the over 80 charge was dismissed. The application for leave to appeal to the Ont. C.A. 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: Extradition
Joinson v. Attorney General of Canada on behalf of the United States of America, 2023 BCCA 186 (40707)
The U.S. seeks to extradite Mr. Joinson to face trial in California for conduct that corresponds to conspiracy to traffic in marihuana and trafficking in marihuana. Mr. Joinson applied for an order excluding evidence in the Record of the Case and for a review and summary of redacted information. The committal judge dismissed the applications and committed Mr. Joinson into custody. The Fed. C.A. dismissed an appeal from the committal order. “The application for leave to appeal…is dismissed.”
Criminal Law: Extradition
Ferguson v. Attorney General of Canada on behalf of the United States of America, 2023 BCCA 186 (40708)
The U.S. seeks to extradite Mr. Ferguson to face trial in California for conduct that corresponds to conspiracy to traffic in marihuana and trafficking in marihuana. Mr. Ferguson applied for an order excluding evidence in the Record of the Case and for a review and summary of redacted information. The committal judge dismissed the applications and committed Mr. Ferguson into custody. The Fed. C.A. dismissed an appeal from the committal order. “The application for leave to appeal…is dismissed.”
Criminal Law: Extradition
Fraser v. Attorney General of Canada on behalf of the United States of America, 2023 BCCA 186 (40706)
The U.S. seeks to extradite Mr. Fraser to face trial in California for conduct that corresponds to conspiracy to traffic in marihuana and trafficking in marihuana. Mr. Fraser applied for an order excluding evidence in the Record of the Case and for a review and summary of redacted information. The committal judge dismissed the applications and committed Mr. Fraser into custody. The Fed. C.A. dismissed an appeal from the committal order. “The application for leave to appeal…is dismissed.”
Criminal Law: Sexual Interference
Wheeler v. R., 2023 QCCA 443 (40746)
The Applicant was on a website which was known for sexualized chat when he messaged a police officer who was posing online as a mother of two daughters. The police officer and the Applicant engaged in sexually explicit conversations, sometimes involving the fictional 12-year-old daughter. They agreed to meet in person. The Applicant arrived at the agreed upon location, and he was arrested by the police officer. The Applicant was convicted of agreeing with a person, by means of telecommunication, to commit the offence of sexual interference, with respect to another person who the Applicant believed was under the age of 16 pursuant to s. 172.2(2) of the Criminal Code. The Qué. 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.”
Criminal Law: Time Extensions
Kafando v. R., 2022 QCCA 969 (40765)
After being convicted, Mr. Kafando applied unsuccessfully for an extension of time to appeal the verdict to the Superior Court and the Qué. C.A. He then sought by various means to have those courts set aside the verdict, but they did not grant his applications. “The motion for a stay of execution is dismissed. The miscellaneous motion is dismissed. The motion for an extension of time to serve and file the application for leave to appeal…is dismissed.”