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The Court of Appeal for Ontario held that a s. 517 Criminal Code non-publication order prevented public release of its reasons until the ban ends.
The decision contains information covered by the s.517 Criminal Code non‑publication order and the YCJA s.110 publication ban; accordingly the decision must not be published, broadcast, or transmitted while those orders remain in effect, but a copy may be made available at the Court Registry and the decision will be posted on the Court website once the non‑publication orders cease to apply.
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Fresh evidence established the appellant did not understand the consequences of consenting to NCR; the consent-based NCR findings were reached by an unfair process constituting a miscarriage of justice, warranting that the NCR findings be set aside, substituted with findings of guilt and an appropriate sentence imposed on consent of the Crown.
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The Court of Appeal for British Columbia dismissed Charles Michael Kavanagh’s appeal, holding the trial judge’s credibility findings were supported by the record.
The court granted the Crown's applications: SM shall testify outside the courtroom by reliable CCTV in the presence of a support person and the entirety of SM's January 13, 2020 videotaped police statement is admissible under s.715.1 because all statutory prerequisites were satisfied (SM under 18, tape made within a reasonable time, tape describes the acts, and SM is expected to adopt it) and admission does not interfere with the proper administration of justice or unfairly prejudice the accused given available safeguards and the judge-alone context.
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The court struck down s. 486.4(3) of the Criminal Code as an unjustified breach of freedom of expression and granted the applicants a Charter exemption.
The British Columbia Court of Appeal dismissed an appeal from convictions for two counts of sexual touching, rejecting claims of misapprehended evidence, self-corroboration, and inadequate reasons.
The court convicted Cory Richard Swain of sexual interference and sexual assault of a 15-year-old complainant, finding her core evidence credible beyond a reasonable doubt.
Trial counsel provided ineffective assistance by abandoning the proper defence role, initiating a court-ordered s.34 psychiatric assessment without clear informed instructions, failing to ensure appellant and parents understood the consequences of an NCR finding, and encouraging plea agreements despite potential defences; these failures rendered the plea process and resulting NCR verdict procedurally unfair and unreliable, warranting striking the guilty pleas, ordering a new trial and setting aside the NCR verdict.
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The Federal Court set aside a Minister’s Delegate referral decision because the reasons did not show any consideration of Charter values or international law, and remitted the matter.
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