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The Ontario Court of Appeal dismissed Matthew Armstrong’s appeal from robbery convictions, holding the verdict was reasonable and the electronic messages were properly assessed.
Federal Court dismissed judicial review of a RAD decision refusing refugee protection after finding the applicant had not proven identity and had not shown reviewable error.
The Court of Appeal for Ontario dismissed Jason MacLaughlin’s conviction and sentence appeals in a circumstantial identity case involving online communications, phone records, and voice evidence.
Where inadmissible opinion and hearsay evidence was elicited near the close of a trial, the trial judge did not err in dismissing a mistrial application because she gave immediate, forceful corrective instructions and repeated them in charge, properly evaluated the impugned evidence in the context of an otherwise overwhelming Crown case on identity, and exercised her discretion within legal bounds; appellate intervention was not warranted absent clear error or error in principle.
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The Federal Court dismissed judicial review of a RAD decision that rejected a refugee claimant’s identity documents as insufficient and potentially fraudulent.
The Court held that the trial judge did not misapprehend the identification evidence, was not required to address speculative alternative explanations (such as handling the pry bar in a hardware store) given the totality of strong circumstantial links, the inference that the handgun was a real firearm was reasonably open on the unchallenged evidence and effectively not contested at trial, and the seven-year global sentence was fit; therefore the conviction and sentence appeals were dismissed.
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The Federal Court granted judicial review of a RAD decision, finding it unreasonably discounted a highly probative affidavit from the applicant’s mother on identity.
The Federal Court dismissed judicial review of a RAD refusal to reopen an appeal, holding the decision was reasonable and no breach of natural justice was shown.
The Federal Court dismissed judicial review of a Refugee Appeal Division decision that found the applicant had not proved his identity through credible and trustworthy evidence.
The appeal is dismissed because the IAC claim is unsupported by the factual record and does not meet the two-part MacLeod test: the omitted video would not have assisted and there was no resulting prejudice given compelling identity evidence (DNA, footprints, victim identification) and the appellant's abortive cross-examination.
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