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Appeal in a motor vehicle injury case: causation and future earning capacity findings were upheld, but the global future care award was remitted for itemization.
The prosecution proved beyond a reasonable doubt that the accused failed to take all reasonable steps to ascertain the complainants' ages, the accused suspected they were under 16 and proceeded regardless (recklessness), and the electronic photographs and admissions established a sexual purpose for the touching; accordingly the accused is guilty of the s.151 and s.271 offences and breach of probation, with the s.271 convictions conditionally stayed under Kienapple and sentencing adjourned.
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The Court of Appeal dismissed a criminal appeal, holding that juror unanimity was required only on the ultimate failure of self-defence, not on each element.
The appeal is dismissed because on a balance of probabilities the appellant failed to establish his asserted Congolese identity due to contradictory testimony, anomalies in his Congolese documents, evidence he repeatedly used a Zambian identity and passport, and admissions of procuring documents through agents; identity being essential, the RPD correctly found the claim failed and denied refugee or protection status.
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Extension of time was granted because the applicant met the Gattellaro factors (continuing intention, plausible explanation for brief delay due to travel and late receipt, no prejudice to respondent, and an arguable case exists). Leave to appeal was granted limited to a single arguable issue: whether the General Division erred in finding that the applicant possessed capacity to form or express an intention up to the point a physician deemed her incapacitated in April 2012, such that that finding may have been perverse or without regard to the material before it.
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The trial judge's late amendment to his reasons constituted an after-the-fact justification in respect of the amended material and must be excised; assessing the convictions on the original reasons only, the attempted murder convictions based on tainted water were unreasonable and are set aside with acquittals, the attempted murder convictions based on letter bombs are reasonable and upheld, and the dangerous offender declaration and indeterminate sentence are set aside with a new hearing ordered before a different judge.
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Although the RPD made some specific errors in reasoning (e.g. conflating probative insufficiency with credibility on some documents and unreasonable treatment of website/text message evidence), the overall factual record supported the RPD's adverse credibility findings; RAD reviews facts for reasonableness and law for correctness, finds no new evidence warranting a hearing, and therefore confirms the RPD decision that the appellant is neither a Convention refugee nor a person in need of protection.
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The Court of Appeal upheld Mohammed Irshad Munif’s convictions, finding the evidence supported knowledge and control over drugs and a shotgun in a drug stash apartment.
The Supreme Court of Canada held it had jurisdiction, found misdirection and an ambiguous verdict, quashed the manslaughter conviction, and ordered a new trial.
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