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Ontario Court of Justice Recent Decisions

• 2026-10-28 R. v. Garnette-Salmon, 2026 ONCJ 640 (CanLII)
  Key Words: Criminal and statutory offences — Impaired driving — Proof beyond a reasonable doubt — Circumstantial case without breathalyzer readings — Whether impairment by alcohol was the only reasonable explanation — R. v. Villaroman applied to competing inferences, streetcar tracks, head injury and alcohol odour — Crown failed to rule out reasonable alternative — Charges dismissed<br />Constitution — Charter, s. 10(b) — Right to counsel, “without delay” — Detainee requested counsel of choice — Whether officer should have immediately obtained counsel’s name and phone number in the ambulance or on hospital arrival — 20-minute delay before calling counsel’s office found unjustified — Reasonable opportunity not provided “without delay” — Breach found<br />Constitution — Charter, s. 10(b) — Privacy of consultation — Hospital setting, duty counsel call — Whether patient room with curtain and nearby staff provided sufficient privacy — Officer took no steps to inquire about a private place and acknowledged lack of privacy — R. v. Burley and R. v. Taylor applied — Failure to secure private consultation — Breach found<br />Constitution — Charter, s. 24(2) — Exclusion of evidence — Breath samples — Whether admission would bring administration of justice into disrepute — R. v. Grant and R. v. Tim applied, seriousness of breach, significant impact on right to counsel, reliability and importance of readings weighed — Systemic training failure noted — Breath readings excluded
• 2026-10-26 R. v. Mehra, 2026 ONCJ 632 (CanLII)
  Key Words: Criminal and statutory offences — Impaired operation — Excess BAC — Criminal Code, s. 320.14(1)(a) and (b) — Operation of a conveyance following a rear-end collision and flight — Witness evidence of odour of alcohol, shaking, difficulty speaking, flushed face — Blood testing and toxicologist evidence of BAC — Guilty verdicts entered<br />Criminal and statutory offences — Operation of a conveyance — Care or control — Criminal Code, ss. 320.11 and 320.25 — Whether suspect seated in driver’s seat established care or control — Statutory presumption applied and not rebutted — Credibility and reliability of civilian witnesses assessed despite peripheral inconsistency — Care or control proven beyond a reasonable doubt<br />Evidence — Identification — Circumstantial proof — Driver’s licence photograph and insurance slip exchanged at scene — Whether identity proven beyond a reasonable doubt — Uninterrupted chain from collision to arrest at listed address — Physical and clothing description matched — Alternative “passenger” theory found to have no air of reality — Identity established<br />Criminal and statutory offences — Elements of offence — Impairment and BAC — Whether impairment by alcohol was the only reasonable inference on the totality of evidence — Poor driving into stationary vehicle, strong odour of alcohol, impaired functioning, and flight considered cumulatively — Centre of Forensic Sciences results and expert opinion supported BAC over legal limit — Convictions entered<br />Rights and freedoms — Canadian Charter of Rights and Freedoms — Right to counsel and reasons for arrest — Charter, ss. 10(a) and 10(b) — Whether informational duties met given alleged language barrier — Pre-recorded Punjabi RTC and Punjabi-speaking officer used — Accused did not invoke right to counsel — No breach found, s. 10 application dismissed
• 2026-10-26 R. v. Drake-Bawn, 2026 ONCJ 629 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Global sentence — Possession for the purpose of trafficking in cocaine — Possession of a loaded restricted handgun — Denunciation and deterrence balanced with restraint and rehabilitation — Penitentiary sentence required — Five-year global sentence imposed — Ancillary orders made<br />Criminal and statutory offences — Sentencing — Disputed aggravating facts — Criminal Code, s. 724(3)(e) — Whether handgun possession was in furtherance of trafficking — Beyond a reasonable doubt standard for aggravating fact — Reliance on offender letter and agreed facts — Firearm found to be tool of trade — Finding made<br />Criminal and statutory offences — Sentencing — Conditional sentence — Criminal Code, s. 742.1 — Whether conditional sentence was available and fit — Community safety not endangered but proportionality, denunciation and deterrence not met — Conditional sentence found inconsistent with sentencing principles — Conditional sentence not available — Penitentiary sentence imposed<br />Criminal and statutory offences — Sentencing — Consecutive sentences — Whether drug and gun sentences should be consecutive — Distinct legally protected interests considered — Firearm connection increases gravity but double punishment avoided — Consecutive structure preserved for separate delicts — Two years plus three years ordered — Consecutive sentences imposed<br />Criminal and statutory offences — Sentencing — Totality — Criminal Code, s. 718.2(c) — Whether combined consecutive terms would be unduly long or harsh — Crushing effect and diminished returns considered — Reduction required without revisiting individual sentences — Consecutive terms reduced to achieve proportionate global punishment — Total sentence reduced to five years
• 2026-10-26 R. v. Sivalingam, 2026 ONCJ 630 (CanLII)
  Key Words: Criminal and statutory offences — Assault offences — Assault, assault with a weapon — Credibility and reliability — Whether the accused was the instigator of the assault — Conflicting evidence of the complainants assessed under R. v. W.D. — Reasonable doubt arising from inconsistencies and objective evidence — Not guilty findings on assault counts<br />Constitution — Charter — Arbitrary detention — Canadian Charter of Rights and Freedoms, s. 9 — Whether arrest for assault was supported by reasonable and probable grounds — Perfunctory investigation before arrest — Dispatch information and objective circumstances considered — Section 9 breach found, evidence not excluded under s. 24(2)<br />Constitution — Charter — Rights on arrest or detention — Canadian Charter of Rights and Freedoms, s. 10(a) — Whether the accused was informed promptly of reasons for arrest with meaningful comprehension — Limited English proficiency and request for Tamil communication — Court accepts understanding in English — No section 10(a) violation found<br />Constitution — Charter — Right to counsel — Canadian Charter of Rights and Freedoms, s. 10(b) — Whether delay in facilitating duty counsel at hospital was unreasonable — Privacy concerns and waiting for a room considered — No elicitation of evidence before counsel — No section 10(b) violation found
• 2026-10-23 R. v. Da Silva, 2026 ONCJ 622 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Aggravated assault — Criminal Code, s. 268 — Guilty plea to aggravated assault by stabbing — Life-altering and near fatal injuries, vascular bypass surgery — Proportionality, parity, restraint and denunciation considered — Custodial sentence imposed with probation<br />Criminal and statutory offences — Conditional sentences — Fitness — Criminal Code, s. 742.1, R. v. Proulx — Whether a conditional sentence order is consistent with ss. 718 to 718.2 — Community safety and bail compliance considered — Knife introduced in confrontation, major artery severed — Conditional sentence refused<br />Criminal and statutory offences — Sentencing principles — Objectives — Denunciation and deterrence weighed — Whether restraint and rehabilitation govern for a youthful first offender — Alcohol intoxication, remorse, counselling and sobriety considered — Disproportionate knife force against unarmed victim — Denunciation and deterrence given prominent role<br />Criminal and statutory offences — Sentencing range — Custody length — Parity and comparable authorities assessed — Whether a penitentiary term is excessive for a youthful first offender — Mid-range Tourville category applied with upper-end harm — Life-threatening injury and lasting impairment emphasized — Sentence of 22 months imposed<br />Criminal and statutory offences — Sentencing orders — Probation and ancillary orders — Criminal Code, ss. 743.21, 487.051, 109, 737(2.1) — Whether probation conditions and prohibitions should follow custody — Non-communication and attendance restrictions imposed — DNA order and weapons prohibition ordered — Victim fine surcharge waived