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The court declined to hold an evidentiary hearing on a lost-email Charter claim, finding the Email was not material to the narrowed ITO/Garofoli issues.
The court dismissed Crown appeals in the MV Sun Sea case, upheld the acquittals, and held s. 36 of the MLACMA unconstitutional in criminal trials.
The court found a Charter breach from destruction of a sexual assault kit, but no stay was warranted. It convicted Garnot of aggravated sexual assault and acquitted him of threats.
Appeal allowed and dangerous offender designation set aside because the trial judge failed to consider the long-term offender regime as required by R. v. Johnson and because prosecution experts and the trial judge relied on findings from London convictions that were later set aside, creating procedural defects and undermining the fairness of the original hearing; admission of Dr. Wilson’s evidence was lawful but the combined legal errors required a new hearing.
Source excerpt
Appeal from a speeding conviction dismissed. The court held there was no reasonable apprehension of bias or abuse of process, and any concern was cured by a mistrial.
La Cour suprême confirme la validité constitutionnelle de l’art. 83.28 C.cr., juge la mesure procédurale et admet son application rétroactive, sous réserve de garanties interprétatives.
La Cour suprême a conclu que la firme avait violé son devoir de loyauté envers l’accusé, mais que cette violation ne justifiait pas un arrêt des procédures.
The Court allowed the Crown's appeal, set aside the stay and ordered a new trial because the RCMP destruction of the 1984 file pursuant to its retention policy was not shown to be unacceptable negligence, the Crown had disclosed available materials including a typed copy of the statement, and there was no evidentiary basis at that stage to conclude the lost evidence caused prejudice sufficient to justify the extraordinary remedy of a stay.
Source excerpt
The Supreme Court of Canada held that extreme self-induced intoxication akin to automatism may, in rare cases, negate the minimal intent for a general intent offence.
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