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The Court of Appeal for Ontario dismissed a review of an extradition detention order, upheld the flight-risk analysis, and refused fresh evidence of arthritis.
Applying Carter, the court found a conspiracy to traffic cocaine between Forrestall and Mombourquette and that Boudreau was a probable member because he knew of their trafficking, supplied and arranged cut, arranged resupply meetings, received payments and advised on trafficking; those findings made intercepted third‑party communications admissible in furtherance and supported convictions for conspiracy (Code s.465(1)(c)), trafficking (CDSA s.5(1)) as aider/abettor and one direct act of trafficking, possession for the purpose of trafficking (s.5(2)) for an October 1 transaction, possession of…
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The court dismissed the defendants’ motion to file a late expert report, finding the report untimely, unreliable, prejudicial, and unlikely to assist the trial.
Appeal from Law Society discipline partly succeeded: the court upheld misconduct for failing to make reasonable inquiries in suspicious circumstances, but set aside the client-identification finding.
The Court dismissed the conviction appeal because the trial judge lawfully rejected the appellant's evidence (including isolated findings of fabrication) and independently reviewed Crown evidence which overwhelmingly established guilt consistent with W.(D.); the Court granted leave to appeal sentence but dismissed that appeal because the sentencing judge properly identified and applied relevant aggravating and mitigating factors, did not unlawfully punish the appellant for lack of remorse or by treating age independently as aggravating, did not violate s.11(i) of the Charter, and the proposed…
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The court granted an enduring interim preservation order over sale proceeds, finding a serious question that the funds were traceable to alleged unlawful securities activity.
The Federal Court dismissed judicial review of a forfeiture decision, holding the applicant had not shown a traceable, legitimate source for seized currency.
At the threshold admissibility stage the agreed facts concerning the November 22, 2018 surveillance, seizures of cocaine, cutting agents, presses and firearms are relevant and material to the Crown's issue of the criminal origin of cash seized on October 18, 2017; on balance the probative value of that discreditable conduct evidence outweighs its prejudicial effect and it is therefore admissible subject to proper limiting use and further consideration of fair-trial impacts.
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Sentencing reasons for Brandon Clayton Chappell on guilty pleas to proceeds-of-crime and MDMA trafficking offences, with intermittent jail and strict probation imposed.
The appropriate global sentence is determined by the gravity of a large, sophisticated, profit‑motivated interprovincial trafficking operation and the offender's role as a directing mind; aggravating and mitigating factors were weighed and comparable authorities considered, producing concurrent custodial sentences of 54 months for the trafficking/conspiracy counts and 3 years concurrent for the money transport/proceeds counts; counts 3 and 6 were stayed under Kienapple; forfeiture of $15,355 was ordered because it was established on the balance of probabilities as offence‑related property, bu…
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