Canada Case Law

R. v. D'Monte

Court

Supreme Court of British Columbia

The court accepted the experienced Crown and defence joint submission of a 15-year global sentence as proportionate given the seriousness of a conspiracy to murder, the accused's prominent role and the significant community and individual harms, balanced against plea, remorse, rehabilitation prospects and custodial hardships. The judge applied credit of 1.5:1 for 756 days in Puerto Rico (1,134 days) and 2:1 for 742 days in BC (1,484 days), totalling 2,618 days (7 years 2 months) credit against the 15-year sentence, leaving an effective remainder of seven years ten months. Ancillary orders und…

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• Conspiracy to murder
• Pre-sentencing custody credit
• Joint sentencing submission
• Aggravating and mitigating factors
• Ancillary orders (firearms prohibition, dna sample)

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R. v. Glynn

Court

Court of Appeal for Ontario

The sentencing judge erred by imposing a conditional sentence despite a fit global sentence of approximately 3.5 years, which precluded a conditional sentence under R. v. Fice; erred in failing to impose a consecutive sentence for the criminal organization offence as required by s. 467.14 of the Criminal Code; and erred in imposing a standalone restitution order reimbursing police, which is inconsistent with the victim-centred purpose of restitution. On consent and in light of exceptional circumstances and rehabilitation, the appropriate remedy was to allow the appeal, stay the criminal organ…

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• Trafficking
• Participation in a criminal organization
• Conditional sentence
• Credit for pre-sentence custody
• Consecutive sentencing
• Remedy on appeal

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R. v. Kang

Court

Supreme Court of British Columbia

On a joint submission, the court sentenced Amandeep Singh Kang to 11 years for drug trafficking for a criminal organization and conspiracy to traffic, with ancillary orders.

• Trafficking
• Conspiracy
• Criminal organization
• Joint submission
• Denunciation and deterrence
• Ancillary orders

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R. v. Chen

Court

British Columbia Court of Appeal

Appeal dismissed from a conviction for trafficking in MDMA. The Court upheld the wiretap authorization, found no unreasonable verdict, and rejected the reasons challenge.

• Investigative necessity
• Wiretap authorization (s.186)
• Section 186(1.1) exemption
• Voice identification evidence
• Circumstantial evidence
• Sufficiency of reasons

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R. v. Alkhalil

Court

Supreme Court of British Columbia

Le tribunal a rejeté la demande d’admettre le témoignage d’expert de S/Sgt. Foster sur le jargon. L’opinion sur « chopper » était admissible mais écartée au stade de la pondération; « zap/zapper » n’était pas nécessaire.

• Admissibility of expert opinion
• Gatekeeping function
• Publication ban
• Interpretation of slang/jargon
• Expert-evidence
• Admissibility

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R. v. Buffone

Court

Court of Appeal for Ontario

The sentencing judge erred in over-relying on co-accused sentences produced largely by joint submissions and in failing to apply the proportionality principle by adequately accounting for the respondents' leadership roles and the exceptional quantity of cocaine imported; accordingly the Crown's appeal is allowed and the court substituted life imprisonment for each respondent on count 3 (conspiracy to import and possess cocaine for the purpose of trafficking), left other counts' sentences unchanged, stayed the imposition of count 4 sentences (criminal organization) because they cannot be made…

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• Sentencing principles
• Parity
• Proportionality
• Conspiracy to import
• Criminal organization offence
• Fine in lieu of forfeiture

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TB9-35502

Court

Refugee Appeal Division

The RAD allowed the appeal because the RPD erred in its IFA analysis by discounting credible post‑hearing evidence and over‑relying on the absence of CJNG in the NDP; on the balance of probabilities the CJNG has the capacity and motivation to locate and harm the Appellants throughout Mexico (including Campeche) and state protection is operationally inadequate, therefore the Appellants are persons in need of protection under s.97(1)(b) of IRPA.

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• Internal flight alternative
• State protection
• Extortion
• Risk assessment
• Evidence and credibility

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R. v. Cook

Court

Court of Appeal for Ontario

Admission of extensive Hells Angels association evidence and related surveillance/intercepts was irrelevant and highly prejudicial; intercepted communications were used impermissibly for propensity reasoning; anecdotal police opinion about steroid stockpiling was inadmissible under Sekhon; jury instructions were inadequate to cure the prejudice; cumulative unfairness required setting aside convictions and ordering a new trial; curative proviso rejected.

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• Bad character evidence
• Gang affiliation
• Propensity reasoning
• Opinion/expert evidence
• Jury instructions
• Curative proviso s.686

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R. v. Ghuman

Court

Supreme Court of British Columbia

Detention review under s. 525. The court found the accused met the reverse onus and ordered release on a $300,000 recognizance with strict house arrest and monitoring.

• Detention review s.525
• Secondary ground s.515(10)(b)
• Tertiary ground s.515(10)(c)
• Wiretap/intercept evidence admissibility
• Surety bail and electronic monitoring
• Uncharged conduct in bail analysis

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R. v. Kang

Court

Supreme Court of British Columbia

Bail application by Gary Kang in a Project Territory prosecution. The Court ordered detention on the secondary ground, finding a substantial risk of reoffending.

• Judicial interim release
• Reverse onus
• Surety suitability
• Secondary ground (public safety)
• Tertiary ground (public confidence)
• Wiretap and intercept evidence

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