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Ontario Court of Justice Recent Decisions

• 2026-05-25 R. v. McSevney, 2026 ONCJ 288 (CanLII)
  Key Words: Procedure — Electronic method — Remote trial — Provincial Offences Act, s. 83.1(2), s. 83.1(4) — Should the court permit a remote trial or require in-person attendance? — Interests of justice and fair trial assessed — Self-represented defendant, voluminous documentary evidence, time zone and technical limits — Crown seeking custody, most witnesses local — In-person attendance ordered — Application denied<br />Statutory interpretation — Provincial Offences Act — Interests of justice — Scope of discretion under s. 83.1 — What factors guide the exercise of s. 83.1 discretion? — Legislative gap noted, guidance drawn from Criminal Code s. 715.23 and R. v. Cowan, 2021 SCC 45 — Consideration of Noori and Zarwari on reasons and in-person preference — Discretion exercised to require in-person attendance<br />Procedure — Self-represented litigants — Complex documentary trial — Appropriateness of remote participation for a self-represented defendant — Limited ability to provide assistance remotely, technical challenges with digital disclosure — Reduced access to Duty Counsel, Officer in Charge and Crown during proceedings — Societal interest in an effective, expeditious trial — Remote participation not appropriate — In-person trial required
• 2026-05-14 Toronto (City) v. Greene, 2026 ONCJ 279 (CanLII)
  Key Words: Criminal and statutory offences — Provincial offences — Highway Traffic Act offence — Appeal from conviction for failing to stop at a red light, HTA, s. 144(18) — Part I proceeding under the POA — Whether conviction sustainable where reasons are inadequate and fair trial not ensured — Appellate jurisdiction under POA s. 135(1) and remedial powers under s. 138(1) — Appeal allowed, conviction vacated<br />Procedure — Reasons — Adequacy of reasons — Were the trial reasons adequate to permit meaningful appellate review? — Failure to address contradictory evidence on a key issue — Presumption of innocence and Crown burden not articulated — Authorities applied: R. v. G.F., R. v. W.D., R. v. Sheppard — Meaningful reasons required even in simple POA trials — Appeal allowed, conviction vacated<br />Procedure — Self‑represented accused — Duty to assist — Did the Justice of the Peace fail the duty to assist a self‑represented person, resulting in an unfair trial? — Guidance owed on trial process, burdens, right to call evidence — Authorities applied: R. v. Breton, R. v. P.D.C., R. v. Ivall, R. v. Jordan — Sarcastic remarks and lack of assistance noted — Appeal allowed, conviction vacated<br />Evidence — Documentary and real evidence — Photographs — Were the photographs properly admissible and capable of authentication in a POA trial? — Use in cross‑examination to impeach and for contradiction — No notarization requirement where accuracy proved by live testimony — Admission despite being taken the day after if accuracy testified to — Appeal allowed, conviction vacated<br />Procedure — Appeals — Remedies under the POA — What is the appropriate appellate remedy under the POA where a fair trial was denied? — Jurisdiction and powers under POA s. 135(1) and s. 138(1) to affirm, reverse, vary, or direct new trial — Crown submission that acquittal appropriate — Appeal allowed, conviction vacated
• 2026-05-13 R. v. V.K., 2026 ONCJ 277 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Discharge under s. 730 — Whether a discharge is in the best interests of the accused and not contrary to the public interest — Denunciation and deterrence for violence against children and an intimate partner — Multiple incidents, breach of trust, statutory aggravating factors — Absence of guilty plea noted — Discharge refused<br />Criminal and statutory offences — Sentencing — Conditional sentence under s. 742.1 — Is a community sentence consistent with ss. 718 to 718.2 where assaults occurred in the family home? — Risk to community and proportionality assessed — Violence against intimate partner and children emphasised — Collateral employment and immigration consequences considered but insufficient — Conditional sentence refused<br />Criminal and statutory offences — Sentencing — Consecutive or concurrent terms — Should sentences run consecutively to reflect multiple victims and incidents? — Proportionality and totality applied to first-time offender — Gravity of conduct recognised while applying restraint — Global custodial term fixed — Concurrent sentences imposed<br />Criminal and statutory offences — Ancillary orders — Weapons prohibition and DNA order — Are orders under s. 110(1)(a) and s. 487.051 warranted for assault with a weapon and assault? — Primary and secondary designated offences identified — Privacy impact minimal post-conviction — Best interests of the administration of justice satisfied — Weapons prohibition for ten years and DNA order made
• 2026-05-13 R. v. Navaratnam, 2026 ONCJ 278 (CanLII)
  Key Words: Criminal and statutory offences — Identity — Proof beyond a reasonable doubt — Whether the Crown proved the identity of the culprit beyond a reasonable doubt — Eyewitness identifications by victims shortly after the offences — Arrest in tight temporal and geographical proximity to crimes — Single perpetrator inferred from trajectory and pattern — Defendant found guilty<br />Criminal and statutory offences — Assault with a weapon — Elements — Whether throwing rocks at an occupied vehicle constituted assault with a weapon — Rocks or stones thrown at vehicle windows where occupants were present — Threat to apply force and present ability established — Evidence of object striking victim’s leg accepted — Guilty of assault with a weapon<br />Evidence — Eyewitness identification — In-dock identification — Weight to be given to in-dock identification and eyewitness descriptions — Caution applied to in-dock identification and custodial show-up — Identifications made about 20 minutes after events not compromised by passage of time — Minor discrepancies in clothing descriptions not troubling — Identifications accepted<br />Evidence — Circumstantial evidence — Reasonable doubt — Whether circumstantial evidence supported the only reasonable inference of guilt — Standard from R. v. Villaroman and W(D) applied — Sequential mischief within confined area, early morning, defined trajectory — Similar behaviour supporting specific propensity — Only one inference available — Convictions entered
• 2026-05-12 R. v. Tekeste, 2026 ONCJ 273 (CanLII)
  Key Words: Criminal and statutory offences — Multiple convictions — Kienapple rule — Whether assault with a weapon must be stayed where aggravated assault involved the same knife — Elements substantially the same — Means of wounding with the knife found for aggravated assault — Conditional stay required to prevent multiple convictions — Assault with a weapon conditionally stayed<br />Criminal and statutory offences — Sentencing — Aggravated assault — Proportionality under s. 718.1 with deterrence and denunciation predominant — Serious home attack using two weapons and head strikes — Probation breaches and recent violent record aggravating — Harsh PSC, addictions, health and support mitigating — Fit penitentiary term determined at five years — Five-years jail imposed<br />Criminal and statutory offences — Sentencing credits — Pre-sentence custody — Application of s. 719(3) and R. v. Summers to calculate credit — Whether harsh PSC warrants additional deduction or mitigation — R. v. Marshall #1 clarifies Duncan credit as mitigating factor, not separate deduction — 377 days PSC equals 566 days credit — Harsh PSC considered in mitigation — Summers credit applied<br />Criminal and statutory offences — Consecutive or concurrent sentences — Totality — Whether probation breach sentences should be consecutive to aggravated assault — Totality principle applied per R. v. Ahmed and R. v. Jewell — Probation orders treated as aggravating in global fitness — Breach sentences made concurrent to reflect totality — Concurrent sentences ordered