Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court sentenced Jannat Bibi Nadeem to a conditional sentence of two years less one day, followed by three years’ probation, for conspiracy to traffic drugs.
The Court held the Crown discharged its burden with respect to Daponte: evidence of his presence, access to premises, regular activity on the property, highly concealed large quantities of drugs and matching paraphernalia in the residence supported a reasonable inference of knowledge and control; by contrast the evidence against Hamilton was insufficient to infer knowledge or consent regarding the buried drugs and currency and her convictions were therefore unreasonable and quashed.
Source excerpt
Judge found the firearm was possessed and used as a tool of drug trafficking, placing conduct at the serious end of the Nur spectrum; applied Gladue factors to mitigate some breach sentences but not to materially reduce sentences for drug trafficking or dangerous firearm possession; imposed specified concurrent and consecutive terms resulting in aggregate custodial sentence of six years and six months before credit, applied 1.5:1 remand credit for 86 days (129 days credit) yielding net sentence of 6 years, 2 months and 9 days; stayed three overlapping counts under Kienapple; ordered forfeitur…
Source excerpt
Court found the accused became objectively a suspect once he identified himself as the manager and by his actions and therefore police should have given a caution; failure to do so created a reasonable doubt as to voluntariness and rendered his statements and actions inadmissible. Separately, the seized documents were not shown to be in his possession but were records of the business admissible under s.30 of the Canada Evidence Act; they were not admitted under constructive possession or the common-law business records exception without further proof.
Source excerpt
The Yukon Court of Appeal allowed a Crown sentencing appeal in part, finding the judge erred by not giving oral reasons at sentencing but that the error was harmless.
The court accepted a joint sentencing submission for guilty pleas to firearms and cocaine trafficking offences, imposing concurrent custody terms and ancillary orders.
On the totality of the information (past police knowledge, two confidential informants, observations of dial‑a‑dope style activity and an observed hand‑to‑hand transaction confirmed by the purchaser), the officers had reasonable and probable grounds to arrest the truck occupants; the warrantless walkthrough of 19 Garrison Drive was justified by exigent circumstances under s.11(7) CDSA to prevent imminent destruction of evidence and address officer safety; paragraph 19.7 of the ITO contained inadvertent exaggeration and was excised, but the remaining ITO supported issuance of the warrant; the…
Source excerpt
Sentencing for importing 17.95 kg of opium and possession for trafficking. The court imposed 4.5 years on each count concurrently, with credit for 10.5 months custody.
Court of Appeal considers Crown sentence appeals in four dial-a-dope trafficking cases, addressing suspended sentences, probation, deterrence, and when custody is required.
Sentencing appeal dismissed. The Court upheld consecutive drug-trafficking sentences, finding no reviewable error in the judge’s treatment of concurrency, deterrence, or rehabilitation.
Explore more
