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Sentence decision for repeated sexual interference of a nine-year-old child. The court applied Friesen, found significant harm and imposed six years’ custody plus mandatory orders.
The offences were sufficiently serious (violent sexual assault with forced digital penetration and choking) that a penitentiary sentence in the lower end of the 3–5 year range would be proportionate; the conditional sentence imposed was demonstrably unfit for those reasons, but because the respondent had completed the conditional and intermittent sentences and was serving probation, reincarceration would be unjust and would shorten his effective sentence, so the appeal is dismissed and the existing probation and related orders remain in place.
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Permission to appeal was refused because the claimant failed to establish an arguable case of bias or any other ground for review and, in any event, she implicitly waived the right to object by not raising concerns at the first opportunity; the record and hearing audio showed no evidence of bias and the General Division's conclusion that she voluntarily left without just cause was not shown to be unreasonable.
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Because the claimant, a young Indigenous person raised on a reserve, reasonably relied on his mother's advice, experienced ongoing nervousness and barriers in accessing government services, and these exceptional circumstances existed throughout the delay period, he had good cause for the entire delay; he also qualified on the earlier date, therefore his EI application is to be antedated to November 1, 2020.
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The Court of Appeal dismissed Phillip James Tallio’s challenge to his 1983 guilty plea to second degree murder, rejecting claims of ineffective counsel, incompetence, and exculpatory DNA.
The appellate court admitted the fresh evidence of exceptionally harsh presentence custody and held that such evidence warranted reducing the custodial sentence to time served; evidence of harsh detention conditions is admissible on appeal where it would have impacted sentence and is distinct from parole authority considerations.
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Supreme Court of Canada held the trial judge erred on prior sexual activity evidence and consent instructions, ordering a new trial only on unlawful act manslaughter.
Interim relocation application under the Family Law Act dismissed because the proposed move would significantly reduce the other parent’s time and the evidence was incomplete.
On sentencing for assault causing bodily harm, the court granted Savanna Mari‑Ann Sandy a conditional discharge with two years’ probation, plus weapons and DNA orders.
The Court of Appeal set aside Timothy Michael Jones’s sexual assault conviction and ordered a new trial after finding the self-represented accused had not been properly assisted.
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