Canada Case Law

R. v. Desmond-Robinson

Court

Court of Appeal for Ontario

The Court upheld the conviction, concluding the trial judge reasonably inferred the appellant knew of the firearm; however the Court found the trial judge erred in principle by ruling a conditional sentence was categorically unavailable for gun offences, allowed the sentence appeal and substituted a conditional sentence of two years less a day on the firearms charge with two years probation (drug sentences remain time served).

Source excerpt

• Possession
• Knowledge
• Conditional sentence
• Appeal
• Standard of review

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R. v. Glendinning

Court

Supreme Court of British Columbia

Voir dire on the lawfulness of a warrantless arrest for alleged dial-a-dope trafficking; the court upheld reasonable grounds and admitted the seized evidence.

• Arrest without warrant
• Reasonable and probable grounds
• Dial‑a‑dope investigations
• Section 9 charter (arbitrary detention)
• Section 8 charter (unreasonable search)
• Section 24(2) remedy

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R. v. Younis

Court

Supreme Court of British Columbia

Oral sentencing reasons in a home-invasion robbery and drug-trafficking case, resulting in a 41-month prison term with ancillary orders and consecutive sentences.

• Breaking and entering
• Robbery
• Use of imitation firearm
• Trafficking in cocaine
• Pretrial custody credit
• Ancillary orders

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R. v. Badr

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia acquitted Raafat Badr of marijuana production, possession for trafficking, and theft of electricity, finding the circumstantial evidence insufficient.

• Production of marijuana
• Possession for the purpose of trafficking
• Theft of electricity
• Circumstantial evidence
• Possession (knowledge and control)
• Aiding and abetting

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R. v. Cole

Court

Supreme Court of British Columbia

Sentencing reasons in a BC drug trafficking case: the court imposed additional custody after crediting 15 months pre-trial detention, and ordered DNA and weapons-related ancillary orders.

• Possession for purpose of trafficking
• Simple possession
• Pre-trial custody credit
• Ancillary orders (dna sampling, weapons prohibition)
• Probation
• Victim surcharge

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R. v. Ball

Court

Supreme Court of British Columbia

Sentencing reasons in R. v. Ball on firearm, cocaine, and prohibition offences. The court imposed a three-year fit sentence on the main firearm count and granted enhanced remand credit.

• Mandatory minimum sentences
• S.95 criminal code
• S.12 charter cruel and unusual punishment
• S.7 charter rights
• Pre‑sentence custody credit (s.719)
• Kienapple principle

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R. v. Messina

Court

British Columbia Court of Appeal

The Court of Appeal upheld Andrew Messina’s conviction, finding police had objectively reasonable grounds to arrest him and that the strip search and drug seizure were lawful.

• Arrest without warrant
• Reasonable and probable grounds
• Section 495(1)(b) criminal code
• Section 8 charter (unreasonable search)
• Section 9 charter (unlawful detention/arrest)
• Section 24(2) charter (exclusion of evidence)

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R. v. Corbett

Court

Supreme Court of Nova Scotia

The court accepted the joint recommendation and imposed a four year federal sentence consecutive to any sentence currently being served because the court found on factual grounds that the accused acted as a courier/mule rather than a supplier, making the agreed sentence appropriate; the court also ordered forfeiture of items seized, a DNA sample requirement, and a lifetime firearms prohibition under s.109, and declined to impose a victim fine surcharge.

Source excerpt

• Sentencing principles
• Joint recommendation
• Consecutive sentence
• Forfeiture
• Dna order
• Firearms prohibition

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R. v. Purchase

Court

Supreme Court of British Columbia

On a voir dire, the Court upheld a police response to a 911 gun call, finding the warrantless clearing search and later warrant search reasonable; the s. 24(2) application was dismissed.

• 911 call response
• Warrantless entry (godoy)
• Investigative detention
• Right to counsel (s.10)
• Exclusion of evidence (s.24(2))
• Plain view seizure

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R. v. Dunbar

Court

Nova Scotia Provincial Court

The offender was a low-level 'petty retailer' and a severely addicted user-trafficker; balancing the need for specific deterrence and protection of the public with rehabilitative prospects and the offender's addiction and time already served, a custodial sentence of 16 months in a provincial institution (with a concurrent 6 months on the breach) was fit and proper, with direction to provide rehabilitative programming.

Source excerpt

• Possession for the purpose of trafficking
• Breach of probation
• Mitigation
• Rehabilitation
• Deterrence
• Proportionality

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