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The Federal Court dismissed judicial review of an Immigration Division inadmissibility finding against a BNP member, but certified a question on specific intent.
The Federal Court dismissed judicial review of an IAD inadmissibility decision, finding it reasonably applied Suresh, Vavilov, and specific-intent principles.
The Federal Court dismissed judicial review of an IRPA s. 34 inadmissibility decision, finding the IAD reasonably applied Suresh and properly assessed BNP membership and specific intent.
The accused was found guilty of break and enter after the court held his intoxication evidence did not raise a reasonable doubt about intent to steal.
The court found Renn Broe Cook guilty of break and enter with intent, holding the Crown proved specific intent to commit criminal harassment despite some evidence of mental disturbance.
Although s.601 permits amendment to conform to the evidence, the court must refuse an amendment that would prejudice the accused or result in injustice under the criteria in s.604(4); here amendment from 'intent to endanger life' to 'intent to wound' at the decision stage would unfairly shift the case the accused had to meet and potentially change the defence he chose to advance, therefore the court declined to amend and entered a not guilty verdict on Count 2 as charged.
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The trial judge's factual findings that the appellant manipulated a young, vulnerable, infatuated complainant and made his affection conditional on her performing escort work for his financial benefit supported a reasonable inference that he had the specific intent to exploit her; therefore the conviction for human trafficking was upheld.
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The Yukon Court of Appeal dismissed Darryl Sheepway’s appeal from a second-degree murder conviction, finding no reversible error in the trial judge’s treatment of intent, evidence, or expert rebuttal.
Court of Appeal? No. The British Columbia Supreme Court acquitted Kerryann Lewis of first degree murder, finding the Crown failed to prove an unlawful act beyond a reasonable doubt.
The conviction for attempted murder was set aside because, on the proven facts (a shot fired across approximately six metres in a dimly lit crowded room with no evidence of motive and a possible alternative target), the trial judge’s inference of specific intent to kill was not supported beyond a reasonable doubt; the conviction for assaulting a police officer was set aside because the trial judge expressly found no specific intent to assault and convicted on recklessness, but the offence requires intentional application of force; other firearm convictions were upheld and the aggravated assau…
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