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The Court of Appeal allowed the appeal, finding error in admitting a child’s hearsay statement under the principled exception and ordering a new trial on Count 2.
La Cour rejette l’appel de la peine de M. Rogers, ordonne la collecte d’ADN et corrige certaines conditions de probation, mais refuse une ordonnance fondée sur le par. 161(1).
Ontario Court of Appeal dismissed Umair Khawaja’s conviction appeal and upheld his seven-year sentence for sexual offences against a 15-year-old complainant.
The time extension was granted because the appellant demonstrated a bona fide intention to appeal and a reasonable excuse (reliance on Legal Aid), and exceptional circumstances existed—two closely related continuous custody orders with overlapping evidence—such that fairness required both appeals be heard together; the interim application appeal was struck because the continuous custody order rendered the interim context moot and any relevant issues can be raised in the continuous custody appeal.
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On the evidence the Minister established on the civil standard that the children remained at substantial risk of physical harm due to persistent unsanitary and unsafe home conditions and the continuing risk posed by JW combined with LL\u2019s lack of sustained insight and unwillingness to engage in recommended services; less intrusive alternatives were attempted and failed and the statutory timeline expired, therefore permanent care and custody must be granted to the Minister and a PIO was not an appropriate alternative at the deadline.
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The court found Nova Scotia had territorial competence because the respondent was ordinarily resident in Nova Scotia at commencement and there was a real and substantial connection, but exercised its discretion under the CJPTA to decline jurisdiction and stayed the Nova Scotia parenting proceeding in favour of the 455th District Court, Travis County, Texas, because Texas was a more appropriate forum given multiplicity of proceedings, conflicting orders (Texas protective order), the scope of Texas proceedings (divorce encompassing all issues), relative diligence of the parties, and considerati…
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Given the aggravating factors (breach of trust, violence against intimate partner and child, presence of loaded firearm and bear spray, evidence of planning in making weapons accessible, significant victim impacts including PTSD in victims and children), and balancing mitigation (first offender, remediation while on remand, guilty pleas, cooperation), the appropriate aggregate custodial sentence was fixed at 8 years before credit but reduced under totality and Summers remand credit to a resultant effective term of 1,688 days (4 years, 7 months and 14 days). Sentence was allocated to counts as…
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Given the respondent's continuing active addiction, limited engagement in treatment, and unstable parenting history, the court awarded all parental responsibilities to the claimant and ordered supervised parenting time with testing and progressive increase; the respondent's income was imputed at minimum wage ($37,128) because he is intentionally unemployed and capable of working, resulting in child support of $561 per month commencing May 1, 2026 and retroactive child support of $9,537 from December 1, 2024; dividends received by respondent were family property and net proceeds and specified…
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The child was found to have been exposed to family violence in the mother's home and the mother has not demonstrated adequate protective measures; under the best-interests framework of s.16 of the Divorce Act the court must prioritize the child's safety and therefore imposed interim modifications to the parenting schedule and safeguards (daytime block contact, specified schedule, exclusion of the alleged abuser, supervision/attendance requirements and geographic restriction) pending the scheduled variation hearing.
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The Cellebrite extractions were admissible and, when tested against extensive extrinsic corroborative evidence (device activity gaps and unlock timestamps, GPS coordinates resolving to the accused's residence, Facebook and banking data, seizure circumstances, photos matching residence), the court accepted the reports without expert opinion; on that basis identity, jurisdiction and temporal elements were proven and the Crown established beyond a reasonable doubt that the accused possessed, accessed, transmitted/made available CSAEM and engaged in grooming/luring conduct, warranting convictions…
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