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• Nouvelles décisions : Cour de justice de l’Ontario

Cour de justice de l’Ontario – décisions récentes

• 2026-03-04 R. v. Vanderburg, 2026 ONCJ 112 (CanLII)
  Key Words: Evidence — Credibility and assessment — W.(D.) framework — Application of R. v. W.D. to competing accounts — Do the accused’s denials or inconsistencies leave a reasonable doubt? — Weight of complainant’s recordings as near‑contemporaneous documentation — Police observations and mugshot undermining accused’s version — Accused’s testimony incompatible with objective evidence — Accused evidence rejected<br />Criminal and statutory offences — Assault and related offences — Criminal Code, ss. 266, 267(c), 264.1(1)(a) — Do the videos and police evidence prove counts one to six beyond a reasonable doubt? — Complainant’s core narrative consistent and corroborated — Accused’s blanket denials disbelieved — Pattern of assaults and threats established — Convictions entered on counts one to six<br />Criminal and statutory offences — Defences — Self‑defence — Whether the accused’s claim of self‑defence raises a reasonable doubt on the September 29 incident — Videos depicting coercion and control, not de‑escalation — Lack of injuries observed by police contradicting claimed black eye — Verbal behaviour inconsistent with defensive posture — Self‑defence rejected<br />Criminal and statutory offences — Trial management — Sufficiency of evidence on single count — Whether the November 6, 2023 assault charge should be dismissed for no evidence — Crown acknowledging no evidence tendered on that date — Court dismissing the count accordingly — Charge dismissed for no evidence
• 2026-02-26 R. v. Clarke, 2026 ONCJ 98 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Dangerous offender designation — Whether statutory criteria under s. 753 met — Pattern of repetitive behaviour and persistent aggressive behaviour under s. 753(1)(a) established — Offences committed with threats of violence qualify as serious personal injury offences under s. 752 — High likelihood of harmful recidivism proven beyond a reasonable doubt — Designation as dangerous offender granted<br />Statutory interpretation — Criminal Code — s. 753(4.1) discretion — Does s. 753(4.1) presumptively impose indeterminate detention? — Guidance from R. v. Boutilier, 2017 SCC 64 — Moral culpability, seriousness of the offence, and mitigating factors considered — Choice between indeterminate detention, long-term offender sentence, and conventional sentence — Long-term supervision order of 10 years imposed<br />Criminal and statutory offences — Sentencing — Pre-sentence custody credit — Calculation of Summers' credit for time in custody — Total credit of 2,292 days determined — Joint submission adopted and further two-year penitentiary sentence imposed — Total sentence within range for repeated robberies with weapons and threats — Further custody ordered and LTSO to follow
• 2026-02-24 R. v. Buckingham, 2026 ONCJ 90 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Denunciation and deterrence — Applicability of denunciation and deterrence to offender with FASD — Diminished moral blameworthiness due to FASD — Serious assault with a weapon at a bus terminal undermining community safety — Proportionality under s. 718.1 applied with reference to R. v. Lacasse — Principles of denunciation and deterrence have limited applicability — Custody for 60 days followed by probation ordered<br />Criminal and statutory offences — Sentencing — Fit sentence — Whether a fit sentence balances seriousness of the offence with rehabilitative needs without a strong plan — R. v. Charlie adopted to restrain incarceration and structure probation — Counselling as directed, including with the Niagara Native Centre — Concurrent counts, probation for three years — Custodial term of 60 days and three years’ probation imposed<br />Indigenous peoples — Sentencing of Aboriginal offenders — Gladue principles — Acceptance of Indigenous ancestry without a Gladue Report — Application of s. 718.2(e) with particular attention to Aboriginal offenders — Community acceptance by the Niagara Native Centre persuasive — Unique sentencing process and markedly different approach recognised — Link between FASD and history of Crown and Aboriginal relations noted — Indigenous sentencing principles applied
• 2026-02-24 R. v. Chand, 2026 ONCJ 91 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Absconding — Whether the accused absconded within s. 475 of the Criminal Code — Failure to appear for sentencing, no contact with counsel, surety or probation — Police efforts unsuccessful, High Risk unit engaged — Test from R v Garofoli applied — Voluntary absence to avoid sentencing found — Finding of absconding made<br />Procedure — Sentencing in absentia — Discretion — Whether it is necessary in the interests of justice to proceed to sentence in the accused’s absence — Victim severely injured, relocated abroad, closure required — Right to be present waived, s. 475(1)(a), R v S.S. — Timely sentencing emphasised, s. 720, R v Carr — Sufficient information from trial evidence, R v Gallardo-Madrid, R v Touray — Sentencing in absentia ordered
• 2026-02-24 R. v. Stephens, 2026 ONCJ 92 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Conditional sentence — Whether a conditional sentence with house arrest is fit for assault causing bodily harm — Application of ss. 718 and 718.2 to denunciation and deterrence — Reliance on R. v. Proulx for punitive and restorative objectives — Community-based sanctions with GPS monitoring and curfew — Conditional sentence imposed<br />Criminal and statutory offences — Sentencing — Mental disorder — How mental health challenges affect moral culpability and the weight of deterrence under ss. 718 and 718.2 — Consideration of suspected FASD, PTSD and substance use disorder — Guidance from R. v. Batisse, R. v. Dedeckere, R. v. Robinson on decreased significance of deterrence — Rehabilitation prospects recognised — Sentence adjusted for reduced culpability<br />Criminal and statutory offences — Sentencing — Ancillary orders — Should DNA, probation, counselling and no-contact orders be imposed? — Section 21 Mental Health Act assessment informing conditions — GPS ankle monitor by Recovery Science, curfew and statutory terms ordered — Three-year probation with counselling and exceptions for work and family — Ancillary orders made<br />Criminal and statutory offences — Sentencing — Aggravating and mitigating factors — What factors under s. 718.2 inform a proportionate sentence? — Violence against a good Samaritan, serious bodily harm, theft of backpack considered — Guilty plea, community support, employment history and mental health challenges mitigating — Balancing denunciation with rehabilitation — Conditional sentence confirmed