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Ontario Court of Appeal upheld Brady Robertson’s convictions and 17-year sentence, rejecting a Charter challenge to the 5 ng/mL THC limit.
Appeal from a 10-year SOIRA order upheld after sexual assault and voyeurism convictions. The court found no error in applying the statutory exceptions.
The arrest for 'causing a disturbance' was unlawful because the accused's public swearing did not produce the externally manifested interference required for that offence; the Information charged obstruction only while the officer was engaged in a lawful arrest, so unlawful arrest meant the obstruction charge failed; and the recognizance condition to 'be of good behaviour' must be narrowly construed to exclude otherwise lawful offensive swearing, so the breach charge also failed. Accordingly the accused was acquitted on both counts.
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