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Ontario Court of Appeal upheld convictions for human trafficking, threats, assault and drug trafficking, rejecting evidentiary, fairness and Browne v. Dunn arguments.
Given the aggravating features (victim aged 15, vulnerability and exploitation, multiple incidents, substantial age gap, procurement communications and misogynistic attitudes, and the offender's significant criminal record), a global sentence of four years' imprisonment on each count to be served concurrently is proportionate and warranted; mandatory ancillary orders (life firearms prohibition, DNA order, SOIRA 20 years) are imposed, and a discretionary s.161 prohibition is warranted but limited to ten years as tailored to the offender’s risk and rehabilitation prospects; enhanced remand cred…
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Applying Friesen and relevant Criminal Code principles, the court treated s.286.1(2) offences as gravely as other sexual offences against children, found consecutive sentences required by s.718.3(7)(b), fixed a fit sentence of three years for each count then reduced the aggregate under the totality principle to 4.5 years (27 months per count served consecutively), awarded 26 days remand credit, and imposed statutory ancillary orders including lifetime SOIRA and firearms prohibition because the statutory criteria were met.
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Bail pending appeal granted because at least one ground (admission of R.W.'s K.G.B. statement) is not frivolous and, on balancing enforceability against reviewability under s.679(3)(c) and Oland, detention is not necessary in the public interest given conceded absence of flight/public safety risk, the appellant's plan and compliance, and the weak but non-frivolous nature of the appeal.
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The Supreme Court of British Columbia struck Harjit Singh Gill’s notice of civil claim as unintelligible and vexatious, with only a possible constructive dismissal claim against Encorp left open to seek leave to replead.
The British Columbia Court of Appeal reduced Reza Moazami’s sentence from 23 years to 20 years and 8 months, and dismissed his fresh evidence application.
The Court dismissed the appeal: the trial judge did not improperly compartmentalize credibility findings and was entitled to accept some complainant evidence and reject other parts based on the evidence available; the reasons for the assault causing bodily harm conviction were adequate; consecutive sentences were open on findings of separate incidents and greater seriousness; and the total sentence was proportionate and within the acceptable range.
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The trial judge erred by broadly excluding and disregarding all evidence touching on the complainant's involvement in the sex trade after evidence and closing submissions without inviting or receiving submissions on admissibility; that procedural unfairness deprived the appellant of a fair trial and amounted to a miscarriage of justice that cannot be cured by the curative proviso, therefore the appeal is allowed and a new trial ordered.
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Severance denied for Mahar, Rangers and Beaver because the factual and legal nexus with Greenlaw and other co-accused, the complexity and overlap of digital forensic and expert evidence, the need to avoid duplicative trials and witness fatigue, and the ability to schedule within Jordan limits meant the interests of justice favored joint trials; severance granted for Saarloos and Birchard because their charges were discrete, involved limited duplication (no viva voce complainant evidence), would be short, posed no real risk of inconsistent verdicts, and fit Jordan timelines.
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Section 276 does not apply categorically to all sexual services and human trafficking prosecutions; its application must be determined case‑by‑case by examining charges, Crown and defence evidence and whether a listed offence is in substance implicated; the trial judge erred in applying s.276 here and redacting relevant preliminary inquiry evidence about the complainant's prior sex‑work and advertising, which prejudiced the appellants' right to full answer and defence; convictions for the sexual services offences are quashed and a new trial ordered; the MDMA trafficking conviction is reasonab…
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