Décisions de la Cour

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• Nouvelles décisions : Cour de justice de l’Ontario

Cour de justice de l’Ontario – décisions récentes

• 2026-06-16 R. v. T.S., 2026 ONCJ 354 (CanLII)
  Key Words: Criminal and statutory offences — Youth sentencing — Fit sentence — Serious sexual assault with brief contact — Whether a probationary sentence is fit given diminished moral blameworthiness and significant mental illness — Accountability, rehabilitation and public protection balanced — Structured supports and supervision emphasised — Two‑year probation with targeted conditions imposed — Probation ordered<br />Criminal and statutory offences — Youth sentencing — Community programs — Whether probation can incorporate an Intensive Support and Supervision Program under s. 42(2)(l) when access is delayed — Program accepted as suitable yet not immediately available — Probation to include ISSP for 18 months commencing upon placement availability — Structured community disposition endorsed — Probation incorporating ISSP ordered<br />Criminal and statutory offences — Youth sentencing — Custody as last resort — Whether custody should be imposed where an appropriate community‑based resource is delayed — Custody found disproportionate in light of youth, mental health, and rehabilitative focus — Least restrictive sentence capable of achieving purposes selected — Community‑based disposition preferred — Custody not imposed<br />Criminal and statutory offences — Sentencing orders — Ancillary orders — Whether ancillary orders should issue with a community‑based disposition — Identification sample and public safety conditions addressed — DNA order made pursuant to governing regime — Two‑year weapons prohibition imposed — Ancillary orders issued
• 2026-06-16 R. v. Saunders-White, 2026 ONCJ 356 (CanLII)
  Key Words: Rights and freedoms — Charter rights — Trial within a reasonable time — Section 11(b) and Jordan 2016 SCC 27 — Whether net delay exceeded the 18‑month presumptive ceiling — Late disclosure and rescheduling beyond Jordan ceiling assessed — Crown failed to rebut presumption of unreasonableness — Remedy under s. 11(b) applied — Application granted — Proceedings stayed<br />Procedure — Delay attribution — Defence delay — Apportionment of delay after adjournment of first trial — Whether defence unavailability for pre‑trial motion dates caused additional delay — Guidance from Jacques‑Taylor 2026 SCC 20 and Vrbanic 2026 SCC 19 — 75/25 split for adjournment period and full allocation for motion unavailability — Defence delay partly attributed<br />Procedure — Exceptional circumstances — Discrete events and complexity — Whether limited judicial availability and case complexity justified above‑ceiling delay — Discrete event would double‑count already allocated delay — No voluminous disclosure or extensive expert evidence — Crown mitigation efforts insufficient — Kinamore 2025 SCC 19, Barton 2019 SCC 33, Seaboyer considered — Exceptional circumstances rejected
• 2026-06-16 R. v. Hoque, 2026 ONCJ 359 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Discharge — Whether a discharge is fit where the offender abused a vulnerable person — Primary consideration to denunciation and deterrence under s. 718.04 — Position of trust toward a non-verbal resident emphasised — Proportionality to gravity of offence and responsibility assessed — Discharge refused<br />Criminal and statutory offences — Sentencing — Conditional sentence — Should a custodial sentence be served in the community — Community safety and consistency with sentencing principles assessed — Minimum sentence capable of meeting denunciation and deterrence identified — Ninety days custody by way of conditional sentence followed by probation — Conditional sentence imposed<br />Criminal and statutory offences — Ancillary orders — DNA and firearms prohibition — Primary designated offence requiring DNA sample for national databank — Order under s. 110 prohibiting possession of firearms and related items for five years — Time granted to pay victim surcharge — Ancillary orders made
• 2026-06-15 R. v. Partridge, 2026 ONCJ 348 (CanLII)
  Key Words: Criminal and statutory offences — Impaired driving — Elements of offence — Criminal Code, s. 320.14(1)(a) — Whether the accused was impaired by drugs while operating a motor vehicle — Civilian observations, police observations, and DRE findings considered — Toxicology corroboration of multiple intoxicants — Proof beyond a reasonable doubt established — Conviction entered<br />Evidence — Identification — Eyewitness identification — Whether the Crown proved the identity of the driver beyond a reasonable doubt — Frailties of in‑dock identification addressed, R. v. Jack referenced — Continuous observations by store employees, licence plate recorded, pharmacist recognition — Police confirmation upon arrest and at detachment — Identity proven<br />Evidence — Expert evidence — Drug Recognition Expert and toxicology — Weight of DRE and toxicology evidence in establishing drug impairment — DIE results detailing signs consistent with central nervous system stimulant, narcotic analgesic and cannabis — CFS blood analysis confirming multiple substances including carfentanil and fentanyl — Admissibility unchallenged, weight accepted — Impairment established
• 2026-06-15 R. v. Torabi, 2026 ONCJ 349 (CanLII)
  Key Words: Rights and freedoms — Charter, Search and seizure — Facial review of warrant — Could the issuing justice have issued the search warrant on the ITO? — Narrow scope of review, could not would, totality considered — Credible and reliable information permitting reasonable inferences identified — Presumptive validity of warrant maintained — Warrant could have issued<br />Rights and freedoms — Charter, Search and seizure — Stale-dated information — Did the 47‑day interval render the intercepted-call information stale-dated? — Applicant’s spontaneous admission during private call found highly reliable — Nature of firearm supports inference of continuing presence — Contextual assessment of time and circumstances applied — Application dismissed<br />Rights and freedoms — Charter, Search and seizure — Reasonable grounds to believe — Criminal Code, s. 487(1)(b) — Was the reasonable grounds to believe threshold met on the ITO and reasonable inferences? — Credibly-based probability exceeding suspicion, not balance of probabilities — Inferences about possession and location reasonably drawn — Application dismissed<br />Rights and freedoms — Charter, Search and seizure — Competing inferences — Was the one‑gun theory a reasonable alternative inference that undermined reasonable grounds? — Affiant not required to negate every alternative inference — One‑gun theory speculative on evidentiary record — Separate firearms reasonably inferred from communications — Application dismissed