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The Federal Court granted judicial review, set aside an Independent Chairperson’s disciplinary decision, and dismissed the charge after delay arguments were not meaningfully addressed.
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.
Given the exceptional volume and complexity of the record and the number of issues to be argued, but mindful that factums must remain concise and the extension must be proportionate, the court exercised its case management discretion to permit a measured extension and granted leave to file a factum not exceeding 90 pages, with specific filing deadlines and reciprocal limits for the respondent and reply factum.
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The Federal Court held the Charter did not apply to foreign collection of CEM or CSIS’s receipt and use of Processed CEM, but did apply to exploitation of Bulk CEM.
The Ontario Court of Appeal allowed Melissa George’s appeal from a second degree murder conviction, ordered a new trial, and found key jury instructions were inadequate.
The affidavit and attached Chart were rightly denied exhibit status because the Crown conceded the Chart is not admissible for the truth of its contents and the Chart was intended only as an aide for counsel; admitting it as a formal exhibit would serve no logical evidentiary purpose and the court, exercising case management discretion, therefore dismissed the application.
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On the totality of the circumstances the Information to Obtain provided reasonable and probable grounds to search 13 Kingsmere Court for firearms and ammunition; the night/no-knock and dynamic-entry authorization was justified by the risk posed by an armed suspect; the manner of execution (large tactical presence and limited use of CS gas) was reasonable and did not breach s.8; the post-search custody conditions did not meet the threshold for s.7 or s.12 breaches and did not warrant a stay of proceedings.
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Federal Court decision on a CSIS supplemental warrant application concerning IP addresses, privacy under s. 8, passive receipt, and the scope of s. 12 of the CSIS Act.
The Court of Appeal dismissed Fred Doe’s appeal from conviction, finding the trial judge gave adequate assistance to a self-represented accused and sufficient reasons on party liability.
La Cour d’appel de l’Ontario refuse de proroger le délai d’appel, jugeant le retard mal expliqué et l’appel proposé dépourvu de mérite.
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