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The Federal Court found a correctional officer used unjustified force against Kelsey Stewart, causing facial injuries. It awarded $50,000 for battery and $15,000 for Charter vindication.
On the totality of the circumstances the Information to Obtain provided reasonable and probable grounds to search 13 Kingsmere Court for firearms and ammunition; the night/no-knock and dynamic-entry authorization was justified by the risk posed by an armed suspect; the manner of execution (large tactical presence and limited use of CS gas) was reasonable and did not breach s.8; the post-search custody conditions did not meet the threshold for s.7 or s.12 breaches and did not warrant a stay of proceedings.
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The Federal Court dismissed judicial review of a parole denial, finding the Appeal Division’s decision reasonable and no breach of s. 12 of the Charter.
The court dismissed Albert Muckle’s habeas corpus application and related requests, finding no unlawful deprivation of liberty, no jurisdiction for mandamus, and no basis for a subpoena.
Habeas corpus relief was not available because the challenged rotational lockdowns were implemented facility-wide and did not create a distinct, more restrictive form of detention unique to the applicant; the respondent demonstrated statutory authority and that rotations were applied comparably across units with supporting business logs, so the deprivation was lawful and the application must be dismissed.
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The trial judge did not err: the fingerprint evidence admitted (October 12 match verified October 28) was reliable despite an imperfect process because independent verification identified 14 matching details and no innocent explanation was found; alleged confirmation bias did not render the evidence inadmissible; the pepper‑spray incident did not meet the high threshold for a stay under s.24(1) and the trial judge permissibly assumed alleged breaches for the remedy analysis and reached a reasonable conclusion entitled to deference.
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The Court accepted the parties' joint submission in light of the Supreme Court's ruling in Bissonnette, quashed the trial judge's s. 745.51 order as unconstitutional and ordered that the parole ineligibility period for the second murder run concurrent with the parole ineligibility period imposed for the earlier murder.
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The court applied the correctness standard, adopted and applied established jurisprudence (notably Long and Dyck) and concluded s.490.012(1) CC is rationally connected to SOIRA's prevention and investigation purpose, its effects are not grossly disproportionate or so onerous as to constitute cruel and unusual treatment, and the mandatory registration does not breach s.7 or s.12; therefore the applicant's request for declaratory relief and to quash the SOIRA order fails.
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The Court upheld most convictions and dismissed constitutional challenges to s.462.37(4), holding fines-in-lieu and prescribed default terms are not contrary to ss.7 or 12 given statutory safeguards and purpose; the s.11(b) application was dismissed under the Jordan transitional exception; Kathleen’s restitution and custodial sentence were varied (restitution reduced and custody reduced to 3 years); the Crown’s appeal succeeded to the extent that convictions on counts 3 and 4 were entered against Kenneth (sentencing to follow) and a new trial was ordered on counts 5 and 6; other appeals were…
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Sentence appeal in a child-pornography case dismissed; the Court also declared the six-month mandatory minimum under s. 163.1(4)(b) of the Criminal Code of no force and effect.
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