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Appeal dismissed from a jury verdict in a motor-vehicle injury case. The court upheld the unanimity instruction and found any error in the earning-capacity charge harmless.
The court dismissed the appeal, holding the trial judge applied the law in line with Boutilier by treating treatability as relevant to both designation and penalty; alternatively any error in timing of the consideration was non‑prejudicial because the judge expressly found no realistic prospect of successful treatment and that finding would inevitably have been reached at the designation phase.
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The Supreme Court of Canada allowed the appeal, quashed the convictions for second degree murder and firearm possession, and ordered a new trial.
The Federal Court dismissed Jonas Lavilette’s judicial review, upholding the Refugee Protection Division’s adverse credibility findings and finding no material procedural unfairness.
The convictions were upheld because defence counsel expressly conceded there was no evidence the pot fell and the photographic evidence undermined the falling‑pot inference, and because the contested police evidence stayed within permissible descriptive bounds (or any excess was unchallenged and harmless); therefore no miscarriage of justice occurred.
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The application judge properly allowed the City to appear as amicus under Rule 13.02 because an amicus need not be neutral and the City could assist the court; moreover the zoning complaint lacked merit so any error in admitting the City would have been harmless; therefore the appeal is dismissed and the costs order stands.
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The Court held the arrest was supported by objectively reasonable grounds based on reliable confidential informants and corroboration, the trial judge rightly accepted the reliable identification evidence, and although the officer's opinion evidence was inadmissible the error was harmless because the admissible evidence (including text messages and witness testimony) made the verdict inevitable; accordingly the appeal was dismissed.
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The Supreme Court of Canada allowed the appeal, set aside convictions for second degree murder and attempted murder, and ordered a new trial.
Appeal dismissed because the sentencing disparity is justified by the appellant's significantly worse personal circumstances and the sentencing judge's erroneous reference to an uncharged robbery was harmless given the comparable violence in the robbery of Dyck; the sentence falls at the low end of the applicable home invasion range and is therefore upheld.
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The appeal is dismissed because the record shows the appellant understood wilful blindness, any confusion about disclosure did not affect the defence or fairness of the trial, and the alleged misapplication of the wilful blindness doctrine was not material in light of the entirety of the record and the overwhelming Crown case.
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