Canada Case Law

R v Rangers

Court

Supreme Court of Nova Scotia

Given the aggravating features (victim aged 15, vulnerability and exploitation, multiple incidents, substantial age gap, procurement communications and misogynistic attitudes, and the offender's significant criminal record), a global sentence of four years' imprisonment on each count to be served concurrently is proportionate and warranted; mandatory ancillary orders (life firearms prohibition, DNA order, SOIRA 20 years) are imposed, and a discretionary s.161 prohibition is warranted but limited to ten years as tailored to the offender’s risk and rehabilitation prospects; enhanced remand cred…

Source excerpt

• Sentencing principles
• Denunciation and deterrence
• Ancillary orders (soira, dna, firearms)
• Section 161 prohibition orders
• Remand credit

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R. v. Tate

Court

Supreme Court of British Columbia

The court denied a conditional sentence for child pornography offences and imposed concurrent custodial terms, probation, and ancillary orders.

• Child pornography
• Transmission
• Possession
• Conditional sentence
• Ancillary orders
• Soira

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R. v. Nour-Eldin

Court

Supreme Court of British Columbia

British Columbia sentencing reasons imposing consecutive terms for fentanyl-related possession for trafficking and human trafficking of a 15-year-old.

• Human trafficking of a person under 18
• Possession for purpose of trafficking
• Joint submission/anthony-cook
• Pre-sentence custody credit
• Ancillary orders (weapons prohibition, dna, soira, non-communication)
• Human-trafficking

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R. v. Coban

Court

Supreme Court of British Columbia

Pre-trial ruling on discreditable conduct evidence in an alleged sextortion and child-luring prosecution: some device-based linking evidence admitted in limited form, but most other prejudicial material excluded.

• Discreditable conduct
• Similar fact evidence
• Propensity evidence
• Admissibility
• Prejudicial effect
• Identification

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R. v. G.P.W.

Court

Supreme Court of Nova Scotia

The appropriate global sentence is six years imprisonment with remand credit calculated at 1.5:1; no additional COVID-period remand credit awarded because evidence established the accused was housed in a privileged unit with single-bunking and no COVID cases and there was insufficient evidence of particularly harsh remand conditions; Kienapple applied to stay duplicate counts; lifetime SOIRA, DNA, lifetime firearms prohibition, s.161 and s.743.21 orders imposed.

Source excerpt

• Restriction on publication
• Remand credit (duncan credit)
• Sexual assault
• Sexual interference
• Making child pornography
• Position of trust

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R. v. Cowell

Court

Court of Appeal for Ontario

The Court dismissed the appeal from conviction and upheld the trial judge's credibility findings; it held that although a 12‑month sentence was not grossly disproportionate as applied to this appellant, s.172.1(2)(a) is unconstitutional and of no force or effect because its one‑year mandatory minimum captures reasonably foreseeable outlier cases where it would be grossly disproportionate; the constitutional challenge to s.212(4) was dismissed as moot and the victim surcharge was set aside; all other aspects of the sentence were upheld.

Source excerpt

• Child luring
• Mandatory minimum sentence
• Section 12 charter
• Section 11(b) speedy trial
• Mens rea and wilful blindness
• Hybrid offence disparities

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R. v. Cusick

Court

Court of Appeal for Ontario

The Court of Appeal held the trial judge applied an incorrect verification standard and erred by substituting her view for what the issuing justice could have reasonably believed; on the totality of the evidence (NCMEC/Microsoft data reviewed by police, expert police testimony, corroborating IP/location links, and reasonable explanations for the technical issues) the issuing justice could have issued the warrant, only the Spencer breach occurred and the evidence should not be excluded under s.24(2).

Source excerpt

• Search warrant validity
• Reasonable grounds/credibly‑based probability
• Third‑party cyber tips (ncmec) and hearsay
• Photodna and automated identification
• Staleness of digital evidence
• Section 8 charter

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R. v. Wright

Court

Supreme Court of Nova Scotia

Although the s.515(10)(c) factors (apparent strength, gravity, vulnerable victims, potential lengthy sentence) weighed in favour of detention, balancing all circumstances and applying the ladder principle, the Crown did not meet its burden to justify detention; the proposed sureties, cash/pledges and strict conditions (house arrest, electronic device and contact prohibitions, surrender of passport, weapon and substance bans, reporting) are sufficient to maintain public confidence in the administration of justice, therefore accused released on bail with strict conditions.

Source excerpt

• Judicial interim release
• Section 515(10) criminal code
• Charter s.11(d) and s.11(e)
• Ladder principle
• House arrest
• Sureties

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