Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court found Darcy Peter Bailey guilty of possessing a restricted weapon, holding that the seized flare gun matched the tested exhibit, he knew of the insert, and the statutory exemption did not apply.
The court denied an adjournment and refused to cede jurisdiction to a MĂ©tis clan grandmother, finding the proposed jurisdictional challenge lacked legal foundation.
The court found no prima facie unconstitutional delay (defendant waived earlier dates and delay attributable to accused strategy), no abuse of process or prosecutorial bad faith, and no reasonable apprehension of bias; although handheld GPS disclosure was late, the record did not show irreparable prejudice or that a stay (the exceptional remedy) was warranted, so the Charter application was dismissed and the matter may proceed to trial.
Source excerpt
The British Columbia Court of Appeal dismissed Malcolm Zoraik’s appeal, upholding convictions for public mischief and fabrication of evidence and rejecting challenges to fingerprint and video evidence.
The trial judge did not err in refusing a mistrial because there was no evidence the juror's information was communicated to other jurors and no reasonable possibility of prejudice was shown; the directed verdict was properly refused because there was some evidence of continuity of the blood sample for the jury to assess; however, on fresh medical evidence the Court varied the sentence to two years less a day to be served conditionally, with the license suspension to remain.
Source excerpt
The Court upheld the convictions because the trial judge properly found the videotape and other evidence admissible, there was no entrapment or abuse of process, the expert psychiatric evidence lacked an adequate factual foundation and was reasonably discounted, the appellant's conduct supported an inference of intent, and therefore the Crown proved mens rea beyond a reasonable doubt; the convictions were not unsafe or unreasonable.
Source excerpt
Explore more
