The Court Martial Appeal Court dismissed the appeal, upholding convictions for sexual assault and rejecting language-rights, Jordan, consent, and evidence challenges.
Right to be tried within a reasonable time (jordan)
Bilingual trial and language rights
Consent and knowledge of non-consent in sexual assault
The Court of Appeal held that the accused should have been allowed to cross-examine the affiant about condominium-garage surveillance used to support the warrants, and ordered a new trial.
Appeal dismissed in a sexual assault conviction case. The Court found no s. 10 Charter breach, no ineffective assistance of counsel, and no error in the W.(D.) analysis.
The Court of Appeal ordered a new trial after finding the trial judge improperly treated the appellant’s silence during a police interview as a tacit admission of guilt.
The Supreme Court upheld Hussein’s murder conviction while clarifying Corbett: prior convictions remain admissible for credibility, but violent and youth convictions may be excluded.
Admissibility of prior convictions
Credibility impeachment under s.12(1) canada evidence act
The Court of Appeal dismissed a family law appeal from a contempt finding, a 90-day jail sentence, and financial orders, holding the procedure was fair and the injunction covered new accounts.
The Ontario Court of Appeal allowed a conviction appeal, finding ineffective assistance of counsel for failures on testifying and in-person appearance, and ordered a new jury trial.
The presiding justice denied the Crown's s.516(1) adjournment because the Crown had no good‑faith, bail‑related reason to adjourn: the police/Crown had six months to prepare, provided insufficient material at first appearance, and there was no reasonable prospect that witnesses would need to be called at a bail hearing for a six‑month‑old $40 liquor theft. Police conduct frustrated s.503 judicial oversight and the attending Crown representative was unprepared and unbriefed; accordingly continued detention was not justified and the accused was released on an undertaking to attend court.
Source excerpt
Judicial interim release
S.503 criminal code (first appearance)
S.516(1) criminal code (adjournment)
S.11(e) charter - right to reasonable bail
Audioconference/videoconference use in bail hearings
Duty to provide basic disclosure at first appearance
The Ontario Court of Appeal dismissed Luan Ngo’s conviction appeal, holding the no-knock entry was justified under Cornell and that no s. 8 breach was shown.