Criminal Law Published Cases
Selected published criminal decisions. External links open on CanLII.
Superior Court Bail Granted to Freedom Convoy Participant,
On April 14, 2022, the Ontario Superior Court granted bail to Mr. Vago's client, a participant in the "freedom convoy" occupation in Ottawa. Carr had been charged with mischief, obstructing police, and failure to obey a court order related to his activities during the convoy. The court's decision to grant bail followed a review of Carr's initial bail denial, recognizing a material change in circumstances and a substantially different plan for Carr's release. The Crown had conceded to the change in circumstances, notably the conclusion of the convoy occupation and the presentation of a stronger release plan than what was initially proposed. The court considered several factors, including the peaceful intent behind Carr's participation, the strong case against him, and the impactful testimony of proposed sureties, including a retired RCMP Sergeant and Carr's mother. Despite the serious nature of the offences and their significant impact on the city and its residents, Justice Maranger found that the tertiary ground for detention did not apply specifically to Carr. Justice Maranger concluded that Carr had met the onus of demonstrating his suitability for bail on all grounds, including the unlikely risk of reoffending and his compliance with court orders, underscored by stringent conditions including social media restrictions, communication bans with convoy organizers, and limited access to Ottawa. Carr's release was seen as a step towards balancing justice with the presumption of innocence, considering his role as a primary caregiver and his lack of criminal history.
Exceptional circumstances for cocaine trafficking warranted a non-custodial sentence
Man pleaded guilty to trafficking cocaine after selling to an undercover police officer. Although the sentencing guidelines for offenders who sell up to an ounce of cocaine call for a sentence between 6 months and 2 years imprisonment, due to "exceptional circumstances", the client received a non-custodial sentence with probation. The sentencing hearing consisted of multiple days and required preparation and a flexible approach in introducing the case by providing for a novel area of the law concerning online gaming and gambling addiction.