Robbery, Kidnapping, Rights to counsel, Charter ss.10(b) and 24(2), voluntariness of statements to police.
Search warrant; mischief to data, possession of child pornography, seized computer equipment, search warrant for analysis of computer, making child pornography, s. 8 of the Charter (search and seizure), s. 24(2) of the Charter (exclusion of evidence).
Fraud, theft, false passport/visa, threatening death, extortion, Preliminary Inquiry, test for committal for trial.
Post-trial procedure — Appeal from sentence — Types of orders — Discharge granted; Factors to be considered — Record of accused
Sexual assault — Aggravated sexual assault — Sentencing — Adult offenders; HIV-positive man who had been told unequivocally he had to refrain from penetrative sex unless he wore condom and informed partner about his HIV status
Release by justice of peace — Show cause hearing — weapon offences — Justice of peace detained accused on grounds of public safety under s. 515(10)(b) of Criminal Code — new proposed plan of supervision deposit, along with sureties, $50,000 cash bail — Mere fact of possession of weapons did not constitute sufficient grounds to detain accused for public safety reasons
Assault causing bodily harm; confrontation in nightclub; weeks later, accused was arrested after witness to assaults saw him at another nightclub; Fresh Evidence application; Appeal allowed.
Other three co-perpetrators previously convicted of murder in separate trials, accused convicted only of manslaughter; Sentence; armed robbery
Case Name: M. v. Ontario Between V. M., applicant, and Her Majesty the Queen, respondent, and Justice of the Peace McAleer, respondent  O.J. No. 1414; 2005 CarswellOnt 4359 Court File No. M91/04 Ontario Superior Court of Justice J.D. McCombs J. Heard: January 21, 2005. Judgment: January 21, 2005. (6 paras.) Legal profession … Continue Reading →
Search warrant – production marijuana – search warrant quashed – sections 8 and 9 of the Charter, relief by way of a section 24(2) exclusion of all evidence seized