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The Court of Appeal for Ontario dismissed an appeal from sentence, upholding an indeterminate sentence for dangerous offender findings based on violent history and unmanaged risk.
s.161(3)'s power to 'vary the conditions prescribed in the order' includes authority to vary the duration of a s.161 prohibition order where changed circumstances make such variation desirable; on the facts the Provincial Court judge did not err in principle or produce a demonstrably unfit result in refusing to reduce the 20‑year term and in granting only limited condition variations, and the proposed fresh evidence was not material on appeal and must be raised in a fresh variation application in Provincial Court.
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La Cour fédérale rejette le contrôle judiciaire d’une décision de la SAR, jugeant raisonnables les conclusions de crédibilité et l’absence de risque objectif établi au retour.
Applying ss.183–184 of the Family Law Act and the statutory factors, the court found the evidence did not establish that family violence is likely to occur; isolated historic or non‑physical incidents and intemperate electronic communications were insufficient to justify continuation of the without‑notice protection order, so the protection order was set aside and a reciprocal conduct order limiting communications was imposed instead.
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The Federal Court granted judicial review of a Cannabis Act security-clearance refusal, finding the decision unreasonable because it relied on an unexplained Facebook association.
The Court of Appeal admitted fresh psychiatric evidence, allowed the appeal, and substituted an absolute discharge for Amy Knight’s conditional discharge.
The Federal Court granted judicial review of a Refugee Protection Division decision, finding unreasonable treatment of racist-attack risk and cumulative discrimination.
Ontario Court of Appeal upheld a high-risk accused finding against Donald Gautreau, rejecting arguments about procedural fairness, statutory interpretation, and sufficiency of the evidence.
After convicting K.I.Z. of sexual interference with a 12-year-old, the court imposed 5 years and 2 months' custody, with credit for 71 days and ancillary orders.
Court found Crown proved (beyond reasonable doubt) a repetitive pattern of bank/business robberies or attempted robberies by the accused occurring soon after release and tied to drug use and failure to restrain conduct, and that the predicate offence formed part of that pattern and there was a substantial risk of reoffending; however the Crown failed to prove beyond a reasonable doubt that the pattern gives rise to a high likelihood of inflicting severe psychological damage on future victims, so dangerous offender designation could not be imposed; on the alternative long-term offender analysi…
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