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The Ontario Court of Appeal dismissed Jordan Hawke’s appeal, upholding the refusal to stay human-trafficking charges under s. 11(b) despite delay above the Jordan ceiling.
The Federal Court lacks jurisdiction over the appellant's claims against a provincially appointed judge and the Charter does not by itself confer jurisdiction to award the remedies sought; therefore the Federal Court's affirmation of the associate judge's order striking the statement of claim was correct and the appeal is dismissed.
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The appeal was dismissed because the trial judge's assessment that the breach was not more serious was reasonable and entitled to deference; there was no error in characterization or in how the seriousness factor was weighed in the s.24(2) balancing under R. v. Grant.
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The trial judge erred in granting a partial stay based on a material factual misapprehension and failure to consider adequate alternative remedies; the no-knock entry violated Charter rights but the misconduct did not establish systemic practice or such egregiousness to require a stay; alternative remedies (reprimand and option for sentencing reduction) suffice; accordingly the partial stay was vacated and trial continued on the firearms charges.
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The Supreme Court of Canada dismissed appeals in a Charter abuse-of-process case, holding that all appellants had standing but remitting the matter for new hearings.
The Supreme Court held that consequential arrests and searches after an unlawful sniffer-dog search were Charter breaches, but the evidence remained admissible under s. 24(2).
The appeal was dismissed because the trial judge’s sentencing reasons were careful and error‑free and the 22‑year sentence was fit; the challenge to the SOIRA order was not properly before this court and any s.24(1) Charter remedy must be pursued in the Superior Court of Justice.
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The court found on the balance of probabilities that Mr. Parker posed little risk of reoffending and that there was a marked and serious imbalance between the objective of s.490.012 and the significant liberty infringements SOIRA would impose in his individual circumstances; accordingly a tailored s.24(1) remedy exempted him from the suspension of invalidity so s.490.012 does not apply to him. On sentencing the court imposed a suspended sentence and two-year probation with conditions.
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The appellate court held the 22-month custodial sentence was fit given the nature, size and duration of the offending and the sentencing judge properly excluded a conditional sentence; however, following Ndhlovu the court substituted the mandatory lifetime SOIRA registration with a 20-year registration order as a s.24(1) Charter remedy.
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La Cour suprême a accueilli l’appel du ministère public, annulé le sursis prononcé en appel et renvoyé l’affaire au banc d’appel pour les autres moyens.
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