Full Text:Volume 6: Difference between revisions
No edit summary |
|||
Line 82: | Line 82: | ||
=Parties to an Offence= | =Parties to an Offence= | ||
{{:Parties to an Offence (Cases)}} | {{:Parties to an Offence (Cases)}} | ||
=Personating a Peace Officer= | =Personating a Peace Officer= | ||
{{:Personating a Peace Officer (Sentencing Cases)}} | {{:Personating a Peace Officer (Sentencing Cases)}} |
Revision as of 02:21, 2 March 2018
- FULL TEXT VOL 5.1A (Terrorism, Organized Crime, Weapons, Sexual Offences and Disorder Offences)
- FULL TEXT VOL 5.1C (Violent Offences and Homicide)
- FULL TEXT VOL 5.1D (Administration of Justice Offences, Motor Vehicle Offences, Drug Offences)
- FULL TEXT VOL 5.1E (Property Offences and Corruption Offences)
- FULL TEXT VOL 5.1F (Evidence, Procedure and Search Cases)
Attempts and Accessories After the Fact
This page was last substantively updated or reviewed January 2015. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Attempts, accessories
463. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who attempt to commit or are accessories after the fact to the commission of offences:
- (a) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to be sentenced to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years;
- (b) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable;
- (c) every one who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction; and
- (d) every one who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction
- (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding a term that is one-half of the longest term to which a person who is guilty of that offence is liable, or
- (ii) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 463; R.S., 1985, c. 27 (1st Supp.), s. 59; 1998, c. 35, s. 120.
Murder
Sentences
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Hynes, 2014 NSSC 119 (CanLII), per Edwards J | NS | SC | 3 years imprisonment | Offender helped principle roll up body into a carpet. Offender fearful due to principal's reputation for violence. Find summaries of case. |
R v Gwyn, 2009 ABPC 212 (CanLII), per Fradsham J | AB | PC | 6 years imprisonment | Offender assisted in disposing of body, thought of idea to burn it. Find summaries of case. |
R v Steadman, 2008 BCSC 1613 (CanLII), (2008) BCJ 2284, per Barrow J |
BC | SC | 4 years imprisonment | offender helped dismember body and dispose of evidence Find summaries of case. |
R v Gowen, 2011 NSSC 259 (CanLII), per Hood J | NS | SC | 3 years imprisonment | Offender assisted principle in creating alibi for homicide. Offender plead guilty early on. Find summaries of case. |
R v G, 2006 NSPC 58 (CanLII), per MacDougall J | NS | PC | 2 years less a day CSO (accessory x 2) | Record:Impaired; drug poss'n; driving while disqual. Orders: firearms prohibition; DNA Find summaries of case. |
R v Tutin, 2004 NWTSC 20(*no CanLII links) | NWT | SC | 3.5 years imprisonment | Offender assisted in disposing and moving body
|
R v Dow, 2003 NSSC 82 (CanLII), per Wright J | NS | SC | Find summaries of case. | |
R v Nolan, 2001 BCCA 354 (CanLII), per Ryan JA | BC | CA | Find summaries of case. | |
R v Campbell, 2001 CanLII 25674 (NS SC), [2001] NSJ No 410, per Gruchy J |
NS | SC | 3 years imprisonment (JR) | Offender assisted in cleaning up the body and blood. Find summaries of case. |
R v Lowe, 1998 CanLII 5350 (BC SC), , 1998 CarsellBC 2575, per Preston J |
BC | SC | 1 year CSO | Offender helped put body in barrel under threats. The offender was 54 years old at the time and retired. Find summaries of case. |
R v Beam, (1994) OJ 1359 (Gen. Div.)(*no CanLII links) | ON | 15 months imprisonment | Offender assisted in cleaning up location of murder and move body
| |
R v Wisdom, 1992 CarswellOnt 1757 (Gen.Div.)(*no CanLII links) | 5 years imprisonment | Offender hired the killer to get money from the victim. Offender orchestrated disposal of body.
| ||
R v Kuzniak, (1989) 60 Man. R. (2d) 270 (MBCA)(*no CanLII links) | MB | CA |
| |
R v Drew, (1989) 7 WCB (2d) 394 (NSSC)(*no CanLII links) | NS | SC |
| |
R v Murdoch, (1988) 5 WCB (2d) 341(*no CanLII links) |
| |||
R v Ropchan, 1986 CarswellYukon 54, 1 YR 225(*no CanLII links) | YK | 3 months imprisonment | The offender witnessed murder, helped get rid of evidence and then refused to cooperate with police as a witness. He feared for his life. No prior record.
|
Causing a Disturbance
- < Sentencing
- < Cases
|
Case Digests
Contempt of Court
This page was last substantively updated or reviewed January 2020. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Contempt
708 (1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.
- Punishment
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part [Pt. XXII – Procuring Attendance (ss. 697 to 715.2)] and to his detention, if any.
[omitted (3)]
R.S., 1985, c. C-46, s. 708; R.S., 1985, c. 27 (1st Supp.), s. 203; 2019, c. 25, s. 289(F).
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Asselin, 2019 MBCA 94 (CanLII), per Cameron JA | MB | CA | 9 months imprisonment | Find summaries of case. |
R v Omar, 2017 ONSC 1833 (CanLII), per Molloy J | ON | SC | 3 years imprisonment | The offender testified in his own defence at a first degree murder trial. He refused to answer relevant questions. Find summaries of case. |
R v Bidesi, 2016 BCSC 171 (CanLII), per Butler J | BC | SC | Find summaries of case. | |
R v Nielsen, 2015 ABCA 143 (CanLII), per curiam | AB | CA | Find summaries of case. | |
R v Carlick, 2013 YKSC 83 (CanLII), per Brooker J | YK | SC | Find summaries of case. | |
R v McMillan, 2011 BCSC 1537 (CanLII), per Schultes J | BC | SC | 18 months imprisonment | Find summaries of case. |
R v Yegin, 2010 ONCA 238 (CanLII), [2010] OJ No 2083 (ONSC), per curiam |
ON | CA | 4 years imprisonment | The offender refused to testify during a murder trial. He was a "long-time member of the criminal underworld". Find summaries of case. |
R v Esrabian, , [2010] OJ No 2896 (SCJ)(*no CanLII links) | ON | SC | 4 years imprisonment | The offender refused to testify at a murder trial. This was his second conviction for contempt for refusing to testify at the same trial.
|
R v Jacob, 2008 MBCA 7 (CanLII), per Scott CJ | MB | CA | 2 years imprisonment | Find summaries of case. |
R v Abdullah, 2008 MBCA 48 (CanLII), per Scott CJ | MB | CA | 3 years imprisonment | The judge said it could hardly be "worse case" and "worse offenders". Find summaries of case. |
R v Abu-Sharife, 2006 BCSC 1981 (CanLII), per Grist J | BC | SC | 2 years imprisonment | Find summaries of case. |
R v Ayres, 1984 CanLII 3539 (ON CA), 15 CCC (3d) 208, per Goodman JA |
ON | CA | 18 months imprisonment | The offender was brought in to testify against a co-accused on a murder trial. He refused to testify. Court Appeal overturned conviction but commented that the sentencing range adequate. Find summaries of case. |
R v Lamer, 1973 CanLII 1569 (QC CA), per Gagnon JA | QC | CA | Find summaries of case. | |
In Re Samuel Harold Gerson, Re Nightingale, 1946 CanLII 51 (SCC), [1946] SCR 547, per Kerwin J |
SCC | 3 months | Find summaries of case. | |
R v Strike, 1921 CanLII 706 (MB KB), 66 D.L.R. 474, [1921] 2 W.W.R. 876 |
MB | SC | 2 years | Find summaries of case. |
Ex parte Lunan, 1951 CanLII 119 (ON SC), 99 C.C.C. 136, [1951] 2 D.L.R. 589 |
ON | SC | 1 year | Find summaries of case. |
Re Diamond and The Ontario Municipal Board, 1962 CanLII 132 (ON CA), 32 D.L.R. (2d) 103, [1962] O.R. 328 |
ON | CA | Find summaries of case. |
Counselling or Aiding Suicide
- < Sentencing
- < Cases
|
Case Digests
Criminal Harassment
This page was last substantively updated or reviewed January 2019. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Criminal harassment
264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) [criminal harassment – prohibited conduct] that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
- Prohibited conduct
(2) The conduct mentioned in subsection (1) [criminal harassment – offence] consists of
- (a) repeatedly following from place to place the other person or anyone known to them;
- (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
- (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
- (d) engaging in threatening conduct directed at the other person or any member of their family.
- Punishment
(3) Every person who contravenes this section is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
- (b) an offence punishable on summary conviction.
[omitted (4) and (5)]
R.S., 1985, c. C-46, s. 264; R.S., 1985, c. 27 (1st Supp.), s. 37; 1993, c. 45, s. 2; 1997, c. 16, s. 4, c. 17, s. 9; 2002, c. 13, s. 10.
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v EC & DP, 2018 CanLII 14036 (NL PC), per Gorman J | NL | PC | 4 months CSO | "...on a consistent and continuous basis, EC and DP would stop their vehicle when they saw HY and call her such names as “slut”, “bum” and “thief.” ... what occurred here was a systematic campaign by EC and DP to harass HY at every opportunity. EC’s use of her high beam lights was a part of the harassment." Find summaries of case. |
R v Wade, 2016 SKQB 177 (CanLII), per Zuk J | SK | SC | Suspended Sentence | The offender plead guilty to harassment for making persistent emails of her son. She was 61 years old and self employed as an editor. She had a prior related record. Find summaries of case. |
R v Wall, 2013 SKQB 239 (CanLII), per Keene J | SK | SC | 4 months CSO + 1 yr prob. | The offender was convicted of harassment for making several hundred phone calls to the victim. He banged on the complainant's door for 2 hours. He had an unrelated record for assault causing bodily harm. Judge also imposed 10 year firearm prohibition. Find summaries of case. |
R v Kapoor, 2012 ABPC 299 (CanLII), per Fradsham J | AB | PC | 9 months imprisonment | Find summaries of case. |
R v Hildebrandt, 2012 ONSC 1685 (CanLII), [2012] OJ No 1157, per Blishen J |
ON | SC | Suspended Sentence | Find summaries of case. |
R v Frank, 2012 NSPC 5 (CanLII), per Derrick J | NS | PC | offender called victim dozens of times--related record for harassment of daughter--also convicted for contact breaches Find summaries of case. | |
R v May, 2012 ONSC 6797 (CanLII), [2012] OJ No 5673, per Heeney J |
ON | SC | discharge | Find summaries of case. |
R v Regula, 2012 ABPC 62 (CanLII), per Sully J | AB | PC | Suspended Sentence | criminal harassment, no record, plead guilty, age 21. Find summaries of case. |
R v Morton, 2011 ABCA 352 (CanLII), per Paperny JA | AB | CA | 18 months imprisonment | harass over 3 years Find summaries of case. |
R v Pletz, 2010 SKQB 14 (CanLII), per Malone J | SK | SC | 3 months CSO + 3 yr prob. | The offender was convicted of harassment for writing letters to the victim's mother and employer. He also parked his car near the victim's house. Find summaries of case. |
R v Jeffries, [2010] OJ No 3108(*no CanLII links) | ON | Suspended Sentence |
| |
R v Lauzon, 2009 ONCJ 666 (CanLII), [2009] OJ No 5830, per Brophy J |
ON | PC | Suspended Sentence | Find summaries of case. |
R v Devereaux, 2007 CanLII 18 (NL PC), [2007] NJ No 4, per Porter J | NL | PC | Suspended Sentence | Find summaries of case. |
R v Brake, 2007 CanLII 43483 (NL PC), per Porter J | NL | PC | 12 months imprisonment + Pr | The offender was convicted of harassment in relation to his ex-wife. He had repeatedly called her. He had a significant criminal record. Find summaries of case. |
R v Marsden, 2004 BCPC 369 (CanLII), [2004] BCJ No 2112, per Kitchen J |
BC | PC | discharge | Find summaries of case. |
R v Kelly, 2004 CanLII 18861 (NL PC), [2004] NJ No 18 (P.C.), per Porter J |
NL | PC | 30 days imprisonment | "The accused had parked outside the victims’ house and contacted her by telephone." Find summaries of case. |
R v Strickland, 2004 CanLII 34911 (NL PC), [2004] NJ No 368 (P.C.), per Porter J |
NL | PC | 6 months imprisonment | "The offender had left a message on the victim’s answering machine indicating that: 'if I can't have you, then nobody will.'" Find summaries of case. |
R v Basha, 2002 CanLII 23570 (NL PC), per Gorman J | NL | PC | 5 months imprisonment + Pr | Find summaries of case. |
R v Simms, 2002 CanLII 14769 (NL PC), per Gorman J | NL | PC | 5 months imprisonment + Pr | Find summaries of case. |
R v Biden, 2001 SKCA 7 (CanLII), per Vancise JA | SK | CA | 6 months CSO | The offender was convicted of criminal harassment. He wrote multiple disparaging letters to the victim, her family, friends and employer, attempting to assassinate her character. He also followed the victim at home and work. |
R v Bailey, 1998 CanLII 13318 (NL CA), per Cameron JA (2:1) | NL | CA | 6 months CSO + Pr | Find summaries of case. |
R v Meehan, 1998 CanLII 13314 (NL SC), [1998 NJ No 3], {{{4}}} and 1998 CanLII 18761 (NL SC), per Barry J |
NL | SC | 9 months CSO plus probation | Find summaries of case. |
|
Criminal Negligence
This page was last substantively updated or reviewed January 2018. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Criminal negligence
219 (1) Every one is criminally negligent who
- (a) in doing anything, or
- (b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
- Definition of “duty”
(2) For the purposes of this section, "duty" means a duty imposed by law.
R.S., c. C-34, s. 202.
- Causing death by criminal negligence
220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
- (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- (b) in any other case, to imprisonment for life.
R.S., 1985, c. C-46, s. 220; 1995, c. 39, s. 141.
- Causing bodily harm by criminal negligence
221 Every person who by criminal negligence causes bodily harm to another person is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
- (b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 221; 2019, c. 25, s. 76
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Dedeckere, 2017 ONCA 799 (CanLII), per curiam | ON | CA | 1 year imprisonment | The offender plead guilty to criminal negligence causing bodily harm. He attempted to kill himself by driving into a power poll and incidentally caused serious harm to a pedestrian. Mental health played a significant role in the offence. The Court of appeal overturned a 2 year sentence. Find summaries of case. |
Causing Death
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Calahoo, 2019 ABQB 30 (CanLII), per Ross J | AB | SC | 2 years less a day imprisonment | Shaking 2 month old baby resulting in child's death Find summaries of case. |
R v Cassady, 2016 ONSC 6063 (CanLII), per Heeney J | ON | SC | "Heeney, J., imposed a sentence of 42 months for one count of criminal negligence in operation of a motor vehicle, causing death. The 22-year-old offender was travelling at more than 100 kilometres per hour over the posted speed limit when he struck the rear of the victim’s motorcycle. There were mitigating factors in play for Mr. Cassady, including a guilty plea, youthful age, expression of remorse, acceptance of responsibility, no record of prior driving infractions, and no risk of reoffending. There are no similar mitigating factors for Mr. Mercer." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 33 Find summaries of case. | |
R v Badhwar, 2011 ONCA 266 (CanLII), per J | ON | CA | "the Ontario Court of Appeal upheld a 30 month sentence (less credit for time served) imposed at trial following conviction for criminal negligence causing death while street racing. Although the Court did not alter the sentence, Moldaver, J.A., writing for a unanimous panel, stated, “I think it was lenient”. The street race was of 40 kilometres duration, and on a busy highway." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 29 Find summaries of case. | |
R v Nusrat, 2009 ONCA 31 (CanLII), per Epstein JA | ON | CA | Find summaries of case. | |
R v Lam, 2003 CanLII 31332 (ON CA), per Labrosse JA | ON | CA | "the Ontario Court of Appeal upheld a 24 month sentence for criminal negligence causing death. Labrosse, J.A., writing for a unanimous panel, found (at paragraph 14) that “while the sentence imposed could have been more substantial, the case law does not support a conclusion that the sentence imposed is demonstrably unfit.” This was not a street racing case but, rather, was a case of extremely reckless driving. The offender was going 170 kilometres per hour in a 70 kilometre per hour zone. Several mitigating factors were in play: short duration of high speed, no significant driving record, impeccable background and character. Mr. Mercer does not have the benefit of similar mitigating factors and, the circumstances of his conduct are more serious." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 27 Find summaries of case. | |
R v Olivier, 2002 CanLII 40808 (QC CA), per curiam | QC | CA | Find summaries of case. | |
R v Konkolus, 1988 ABCA 127 (CanLII), per curiam | AB | CA | Find summaries of case. | |
R v Mellstrom, 1975 CanLII 1270 (AB CA), per Allen JA | AB | CA | Find summaries of case. |
Unreported
- [1] 2 years, 4 months (NS)
Defamatory Libel
- < Sentencing
- < Cases
|
Case Digests
Discharges
Disobeying a Statute or Court Order
- < Sentencing
- < Cases
|
Offence Wording
- Disobeying order of court
127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
- (a) an indictable offence and liable to imprisonment for a term not exceeding two years;
- (b) an offence punishable on summary conviction.
[omitted (2)]
R.S., 1985, c. C-46, s. 127; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 2005, c. 32, s. 1.
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Yu, 2022 BCPC 220 (CanLII), per Challenger J | BC | PC | Find summaries of case. | |
Trans Mountain Pipeline ULC v. Mivasair, 2019 BCCA 156 (CanLII), per Butler JA |
BC | CA | Find summaries of case. |
See Also
|
Escape from Lawful Custody
This page was last substantively updated or reviewed January 2014. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Escape and being at large without excuse
145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than two years; or
- (b) an offence punishable on summary conviction.
[omitted (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11)]
R.S., 1985, c. C-46, s. 145; R.S., 1985, c. 27 (1st Supp.), s. 20; 1992, c. 47, s. 68; 1994, c. 44, s. 8; 1996, c. 7, s. 38; 1997, c. 18, s. 3; 2008, c. 18, s. 3; 2018, c. 29, s. 9; 2019, c. 25, s. 47; 2022, c. 17, s. 4.
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Schooner, 2013 BCCA 40 (CanLII), per Garson JA | BC | CA | 1 year imprisonment | The offender plead guilty to being unlawfully at large. Find summaries of case. |
R v Jackson, 2010 BCCA 330 (CanLII), 289 B.C.A.C. 157, per Kirkpatrick JA |
BC | CA | 3 months imprisonment (at large) | The offender was convicted of resisting arrest and escaping custody. Find summaries of case. |
R v Gartner, 2010 BCCA 600 (CanLII), per Hall JA | BC | CA | 30 days imprisonment | The offender was convicted of being unlawfully at large in violation of her intermittent sentence over two days. She had a record of prior breaches. Find summaries of case. |
R v Addley, 2008 BCCA 460 (CanLII), per Finch JA | BC | CA | 30 months imprisonment | The offender was convicted of prison break. He was 27 years old with a long criminal record, including 18 offences for non-compliance with the justice system. Find summaries of case. |
R v Abraham, 2008 MBPC 14 (CanLII), per Sandhu J | MB | PC | 1 year imprisonment | While at large he committed 15 armed robberies. Find summaries of case. |
R v Beals, 2000 NSCA 43 (CanLII), per Bateman JA | NS | CA | 18 months imprisonment | Find summaries of case. |
R v Pelly, (1996), 113 Man. R. (2d) 209(*no CanLII links) | MB | 9 months imprisonment | The offender was convicted of prison break.
| |
R v Mcleod, 1994 CanLII 4647 (SK CA), per Tallis JA | SK | CA | 8 months imprisonment | Find summaries of case. |
R v Downey, 1993 CanLII 3150 (NS CA), per Jones JA | NS | 12 months imprisonment | Find summaries of case. | |
R v Kelly, [1983] B.C.J. No 692(*no CanLII links) | BC | 1 year imprisonment | The offender was convicted for running away from a peace officer who had lawfully arrested him. He had a long record of similar offences.
| |
R v Shackleton, [1978] B.C.J. No 199(*no CanLII links) | BC | 2 months imprisonment | The offender was unlawfully at large from jail.
| |
R v Hodson, [1978] B.C.J. No 196(*no CanLII links) | BC | 9 months imprisonment | The offender was convicted of being unlawfully at large. He had a prior related record.
|
Failing to Provide the Necessities of Life
- < Sentencing
- < Cases
|
Offence Wording
- Duty of persons to provide necessaries
215 (1) Every one is under a legal duty
- (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;
- (b) to provide necessaries of life to their spouse or common-law partner; and
- (c) to provide necessaries of life to a person under his charge if that person
- (i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and
- (ii) is unable to provide himself with necessaries of life.
- Offence
(2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1) [duty of persons to provide necessaries], fails without lawful excuse to perform that duty, if
- (a) with respect to a duty imposed by paragraph (1)(a) [duty of persons to provide necessaries – child under 16] or (b) [duty of persons to provide necessaries – partners and spouses],
- (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or
- (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or
- (b) with respect to a duty imposed by paragraph (1)(c) [duty of persons to provide necessaries – disabled], the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.
- Punishment
(3) Every one who commits an offence under subsection (2) [failing to provide necessities of life – offence]
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
- (b) is guilty of an offence punishable on summary conviction.
[omitted (4)]
R.S., 1985, c. C-46, s. 215; 1991, c. 43, s. 9; 2000, c. 12, ss. 93, 95; 2005, c. 32, s. 11; 2018, c. 29, s. 18; 2019, c. 25, s. 74.
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v KD, 2020 SKPC 14 (CanLII), per Hinds J | SK | PC | 16 months CSO (KD) 20 months CSO (NGH) |
Find summaries of case. |
R v Stephan, 2016 ABQB 353 (CanLII), per Jerke J | AB | SC | 4 months + prob. (husband) 3 months CSO (wife) |
The offender parents did not take their 18 month old child to a medical professional for treatment despite serious illness. This contributed to the child's death. Find summaries of case. |
R v AN, 2016 BCPC 246 (CanLII) | BC | PC | 1 year | "the Court imposed a one-year jail sentence and two years probation for A.N., who pled guilty to the offence of failing to provide the necessities of life to her child B.N. from April 7, 2014 to June 14, 2014. B.N.’s biological father was not present for B.N.’s birth and was not involved in any way in his subsequent care. When B.N. was six months old, A.N. purchased a restaurant. She employed various family members to help run the restaurant. A.N. worked long hours seven days a week in the kitchen and pantry area. B.N. was always at the restaurant with her. Sometimes he would be in the kitchen area and other times he would be placed in a storage room. Despite being employed at the restaurant, A.N.’s family did not help with B.N.’s care. B.N. had regular medical check ups until he was 10 months old. He was seen by a doctor one more time when he was 22 months old at a walk-in clinic. About a month or two before B.N. was taken to a hospital A.N. told a social worker that she had the support of her family. On June 14, 2014, A.N. brought B.N. age two, to a hospital. B.N. was in pre-cardiac arrest, was malnourished and would have died had he not received immediate medical treatment. A.N. left the hospital after she dropped off B.N. She did not return to the hospital. B.N. was removed from his mother’s care on June 16, 2014. B.N. spent over a month in hospital. The hospital staff determined that B.N. had suffered from months of insufficient feeding. The Court determined that A.N. having failed to provide B.N. with appropriate nutrition and care over several months, the near-death state B.N. was in when he was brought to hospital, A.N. being in a position of trust toward B.N., and having lied to the social worker about having support of her family, were all aggravating factors. The Court found several mitigating factors including the fact that A.N. pleaded guilty to the offence, showed great remorse, was a young first-time offender, and had a difficult childhood in which she had experienced emotional neglect." Find summaries of case. |
R v J.(S.), 2015 ONCA 97 (CanLII) | ON | CA | 6 months | "the Ontario Court of Appeal upheld the trial judge’s decision to convict the appellant mother and father of failing to provide the necessities of life to their three-year-old child, as well as the decision to impose six months’ imprisonment. In J.(S.), an infant at the age of eight months was sent to India to live with his grandparents. His mother was pregnant with a second child. While H. was in India, a family friend visited H. about once a week at the request of the parents. The friend reported to the parents that H. looked slim and weak. When H. was two years and 10 months old the family friend brought him back to Canada. After giving H. a bath, the mother was concerned about his health and took him to a doctor. The doctor requested a stool sample from the child. The mother did not collect a stool sample. About one month later, the mother took H. to a different doctor. This doctor observed that H. was lethargic and not eating. A month after this, while the mother was seeing the second doctor for a prenatal visit, she told the doctor that H. had fallen and hurt his skin. The doctor prescribed a skin cream and advised the mother to bring H. in for a checkup. The mother did not. Later, H. suffered a seizure and was taken by ambulance to a hospital, where he was observed to be malnourished and anemic. H.’s vitamin C levels were consistent with scurvy, he had three open wounds and scars all over his body. The doctors were unable to date the injuries or determine causation. The trial judge considered a conditional sentence order. However, he was of the view that denunciation required a more severe sentence to show society’s disapproval of the offender’s conduct and, more particularly, society’s response to child neglect." Find summaries of case. |
R v MacDonnell, 2013 NSSC 29 (CanLII), per Coady J | NS | SC | 2 years imprisonment (aggravated) 2 years (failure) 2 years (global) |
Offender plead guilty to s. 215(2)(b) and 268(1). She was given care of a 22 month old child apprehended by children services. Offender intentionally under-nourished child while at the children's hospital by tampering with the child's food intake. She was diagnosed with Factitious Disorder by Proxy. Court also ordered 3 years probation, a s. 109 weapons order and DNA order. Find summaries of case. |
R v Thompson, 2012 ONSC 4346 (CanLII), per Dunnet J | ON | SC | "the accused was sentenced to a six-month conditional sentence order and placed on probation for three years. Ms. Thompson age 29, pled guilty to charges of failing to provide the necessaries of life to three of her four children. In June 2008, Ms. Thompson adopted a raw vegan diet for herself and her children. The children’s feeding was highly regimented and portion size was strictly controlled by Ms. Thompson. She did not seek medical advice on the appropriateness of the raw vegan diet for infants and small children. Further, the children did not have a family doctor, nor did they receive immunizations. In June 2010, Ms. Thompson sought medical assistance for the purpose of completing government dietary forms in support of her application for additional social assistance benefits. She was referred to a pediatrician but refused to attend. The Children's Aid Society became involved and the children were admitted to the Hospital for Sick Children in Toronto with diagnoses of severe malnutrition, osteopenia and rickets. Two of the children were discharged from the hospital's "Failure to Thrive Clinic" in June 2011 and a third child was discharged in September 2011. The children were placed by the Children's Aid Society in the care of Ms. Thompson's mother. Ms. Thompson gave birth to another child in March 2011 and that child was also placed in the care of Ms. Thompson’s mother." Find summaries of case. | |
R v ET, 2012 SKQB 169 (CanLII), per Gerein J | SK | SC | 3 years imprisonment | Find summaries of case. |
See Also
Failure to Stop or Remain at Scene of Accident
- < Sentencing
- < Cases
|
Offence Wording
- Failure to stop after accident
320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.
- Accident resulting in bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) [failure to stop after accident] and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person.
- Accident resulting in death
(3) Everyone commits an offence who commits an offence under subsection (1) [failure to stop after accident] and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death
2018, c. 21, s. 15.
[annotation(s) added]
Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Vanasse, 2016 ABCA 329 (CanLII), 43 Alta LR (6th) 1, per curiam (2:1) |
AB | CA | 9 months imprisonment | The accused pled guilty to failing to stop after hitting and killing a pedestrian. "The accused hit a pedestrian, left the scene, at first denied involvement, but turned himself into the police about 55 minutes later. The accused had had a difficult childhood, and there was evidence that he might have fled the scene as a result of a traumatically triggered instinct to flee, or “by an autonomic flight response and/or factors including psychological immaturity, unstable family background, lack of appropriate role model and situational stressors”. The sentencing judge recognized the need for deterrence but concluded his actions “were more properly attributed to the autonomic response he experienced, rather than ‘callous disregard’”" There were 29 reference letters filed. Trial judge gave 90 days. Find summaries of case. |
R v Marthinus, 2016 BCSC 1016 (CanLII), {{{4}}} |
BC | SC | 6 months CSO | "the offender pled guilty to impaired driving causing bodily harm and failing to stop at the scene of an accident. On December 20, 2013, the offender was driving too fast for the slippery road conditions, and struck a pedestrian from behind. The pedestrian was thrown up on the hood of the vehicle, and the offender drove another 50 feet before suddenly stopping. The victim flew forward another 10 feet and struck her head. The offender drove away several hundred meters, ignoring people who were telling him not to leave the scene of the accident, before being stopped by police. At the time of the offence, the offender had a blood alcohol concentration of over 100 mg of alcohol in 100 mL of blood." Find summaries of case. |
R v McConkey, 2016 ABPC 64 (CanLII), per Malin J | AB | PC | 12 months CSO | The offender made a left-hand turn and collided with a motorcyclist. He made some effort to get the victim medical assistance, but then fled the scene. There was limited evidence that he was impaired. Find summaries of case. |
R v Cook, 2013 SKPC 161 (CanLII), per Hinds J | SK | PC | 90 days + P + 2 year Driving | Find summaries of case. |
R v Peebles, 2013 MBQB 234 (CanLII), per Greenberg J | MB | SC | 5 months + 1 year Driving | Offender hits pedestrian who later dies of injuries. Find summaries of case. |
R v Pijogge, 2013 CanLII 1968 (NLSCTD), per Stack J | NL | SC | 6 months CSO | Offender failed to remain at the scene of the collision where she knew bodily harm result. She was first time offender and had an aboriginal background. Find summaries of case. |
R v Dhaliwal, 2012 MBQB 155 (CanLII), per McKelvey J | MB | SC | 12 months imprisonment | no CSO available due to SPI Offence |
R v LLC, 2012 ABPC 103 (CanLII), per Van de Veen J | AB | PC | 24 months imprisonment | also charged with impaired driving; assault peace officer with a weapon Find summaries of case. |
R v Peragine, 2012 BCPC 355 (CanLII), per Harris J | BC | PC | 6 months CSO | Offender hit a pedestrian with his car who later dies. He fled the scene and attempted to hide evidence of the accident. He is stopped by police and lies about the damage to his car. The offender was arrested two years later. Find summaries of case. |
R v Alves, 2012 BCPC 403 (CanLII), per Giardini J | BC | PC | 4 months + P + 2 year Driving | Offender hit a 77 year old pedestrian who was crossing the street. He initially stayed around the scene and assisted but decided to leave before police arrived. The pedestrian later died due to the injuries. Find summaries of case. |
R v Bruce, 2012 ABPC 8 (CanLII), per Fradsham J | AB | PC | 5 months + 2 year Driving | Offender was threatened while in his vehicle. He tried to leave and hit a man in the process. The man later died of his injuries. The offender was arrested shortly after and was cooperative. He plead guilty and agreed he knew that the man had been hit when he fled. The offender was 24 years old and only had one minor vehicle violation. Find summaries of case. |
R v Schmitt, 2011 ONCJ 546 (CanLII), per Dean J | ON | PC | 5 months imprisonment | Find summaries of case. |
R v Sanghera, 2009 BCPC 24 (CanLII), per Gulbrannsen J | BC | PC | 1 year CSO | Offender hit and killed a pedestrian then fled. Offender was found by police and initially denied responsibility and lied about damage to his vehicle. Offender was 30 years old with no record. Find summaries of case. |
R v Dhaliwal, 2008 BCPC 451 (CanLII), per Ellan J | BC | PC | 6 months imprisonment + P + 3 year Driving | Offender hit a pedestrian who died. Offender fled and returned shortly after. He did not know that there was a pedestrian involved at the time of flight. After being threatened to be turned in, he voluntarily reported himself to police, giving an inculpatory statement. Offender plead guilty and had no record. Find summaries of case. |
R v Fournier, 2008 QCCQ 9204 (CanLII), per Boyer J | QC | CQ | 18 months imprisonment | The accused attempted to conceal his vehicle and cover up the accident. Find summaries of case. |
R v Helton, 2007 BCPC 383 (CanLII), per Hicks J | BC | PC | 12 month CSO + 3 year Driving | Offender hit and killed a pedestrian and then fled the scene. Collision was not the offender's fault. The offender was only found out a year after the accident. He gave an inculpatory statement to police. Offender was 21 years old with only a minor driving record. Find summaries of case. |
R v Clements, 2002 PESCTD 7 (CanLII), per MacDonald J | PEI | SC | Suspended Sentence | "Mr. Clements hit the victim’s motorcycle with his vehicle causing severe injury to the victim. Due to his many Highway Traffic Act convictions, Mr. Clements panicked, and fled the scene. Mr. Clements was a 30-year-old, low-functioning illiterate who had custody of one of his five children. He had no criminal record. The court suspended the passing of sentence, and put the offender on probation for two years, with a requirement that he perform 100 hours of community service. There was also a one-year driving prohibition." Find summaries of case. |
R v Lisi, 2001 BCCA 559 (CanLII), per Esson JA | BC | CA | 3 months + 1 year Driving | Offender hit a pedestrian who later died. He fled the scene and went home where he began to drink. He was convicted at trial for refusal to provide a sample. Find summaries of case. |
R v Arruda, [2001] OJ No 6288(*no CanLII links) | ON | 9 months + P + 1 year Driving | Offender involved in accident where pedestrian is killed. Offender abandoned car in parking lot. He later turned himself in to police. Offender was 25 years old with a 4 year old son. He had an unrelated record. | |
R v Crutchley, 1990 CanLII 1806 (BC CA), [1990] BCJ No 317 (BCCA), per Taggart JA |
BC | CA | 18 months + P + 3 year Driving | Offender was in a two vehicle accident. He fled the scene upon believing that the other driver was dead. Offender attempted to create a false alibi. He had a prior conviction for the same offence. Find summaries of case. |
Flight from a Peace Officer
This page was last substantively updated or reviewed January 2020. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Flight from peace officer
320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.
2018, c. 21, s. 15.
- Punishment
320.19
[omitted (1), (2), (3) and (4)]
- Punishment — dangerous operation and other offences
(5) Everyone who commits an offence under subsection 320.13(1) [dangerous operation] or 320.16(1) [failure to stop after accident], section 320.17 [flight from peace officer] or subsection 320.18(1) [operation while prohibited] is liable
- (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
- (b) on summary conviction, to imprisonment for a term of not more than two years less a day.
2018, c. 21, s. 15.
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Grogan, 2019 ABPC 126 (CanLII), per Johnson J | AB | PC | 9.5 years imprisonment (flight causing) |
"Grogan is a case in which having pleaded guilty Mr. Grogan, 34, was sentenced to nine and half years incarceration for two counts of flight causing death and one and a half years concurrent for leaving the scene.
The maximum sentence for flight causing death was life imprisonment. Given the concurrent leaving the scene sentence, the net flight causing death sentence was seven years incarceration. While at a relatively low 30 kms over the posted limit, Mr. Grogan drove against traffic on a freeway and collided head-on with an oncoming vehicle, killing its occupants. He had an unrelated but significant criminal record and four Traffic Safety Act convictions. He had consumed methamphetamine earlier the day of the collision; it does not appear a finding was made regarding the specific contribution of drug consumption on Mr. Cyr’s driving." (Quoting from R v Benjumea, 2022 ABQB 44 (CanLII)), at para 79 |
R v Bridgman, 2016 ABCA 415 (CanLII), per Martin JA | AB | CA | 6 months imprisonment (dangerous) 15 months (flight) |
Find summaries of case. |
R v Bonneteau, 2016 MBCA 72 (CanLII), 131 WCB (2d) 456, per Pfuetzner JA |
MB | CA | 24 months (flight) 24 months (dangerous) 18 months (theft under) 1 month (Assault PO) 18 months (assault, weapon) |
The offender plead guilty to the offence(s) of theft under $5,000, assault peace officer, breach of recog, flight from a peace officer, dangerous driving, and assault with a weapon. Find summaries of case. |
R v Chaaban, 2011 ABPC 310 (CanLII), per Anderson J | AB | PC | 8 months CSO | Find summaries of case. |
R v Cyr, 2006 ABCA 114 (CanLII), per Gallant J | AB | CA | 8.5 years imprisonment | Find summaries of case. |
R v Johnston, 2004 ONCJ 111 (CanLII), per DiGiuseppe J | ON | PC | Find summaries of case. | |
R v Tabor, 2004 BCCA 191 (CanLII), per Donald JA | BC | CA | Find summaries of case. | |
R v Joyea, 2004 SKCA 17 (CanLII), per Gerwing JA | SK | CA | "the accused had pled guilty to operating a motor vehicle with a blood alcohol level above .08, failing to stop without lawful excuse, and operating a motor vehicle while disqualified. The incident in question occurred while the respondent was on probation. After consuming an excessive amount of alcohol, the accused drove his vehicle in a dangerous manner in business and residential areas trying to avoid an RCMP vehicle in pursuit. He did not stop voluntarily, but only after the police vehicle disabled his car. He had 44 prior convictions which included numerous driving offences, among others five of driving over .08 and one of dangerous driving, for which latter offence he received a sentence of two years. After a sentencing circle, the trial judge had imposed a sentence of eight months conditional. The Court of Appeal overturned the trial judge’s holding. The Court found that given the serious nature of the incident and the accused’s history, a conditional sentence was not fit since it gave undue emphasis to rehabilitative aspects and none to denunciation, deterrence and the need to protect the public. A sentence of 23.5 months imprisonment was imposed, before taking into account a credit of 10 months the accused had served on remand, as well as one for the 4.5 months he had already served on his conditional sentence. The Court mentioned the gap in driving convictions since 1998, and the very positive report from his conditional sentence served in the community, as mitigating factors." (Quoting from R v Wolfe, 2015 SKPC 161 (CanLII)), at para 26 Find summaries of case. | |
R v Nowlin, 2004 MBCA 44 (CanLII), per Huband JA | MB | CA | Find summaries of case. | |
R v Pellizzon, 2003 ABCA 347 (CanLII), per Fruman JA | AB | CA | Find summaries of case. | |
R v McLeod, 2003 YKSC 70 (CanLII), per Gower J | YK | SC | Find summaries of case. | |
R v Major, 2003 CanLII 19300 (QC CQ), per Auger J | QC | PC | 18 months (flight) 3 years (assault PO) 18 months (obstruct) |
Offender was impaired and engaged in a street race, intentionally hitting another car. Police chase him, he threatened police with an axe and strangled officer causing harm. 5 year driving prohibition Find summaries of case. |
R v Sturge, 2001 CanLII 8601 (ON CA), per curiam | ON | CA | 18 months (flight) 6 years (global) |
Offender committed 7 robberies on a spree and was pursued by police in a stolen car. He struck and injured a police officer in process. Find summaries of case. |
Forcible Entry
- < Sentencing
- < Cases
This page was last substantively updated or reviewed January 2021. (Rev. # 3900) |
|
Offence Wording
- Forcible entry
72 (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.
- Matters not material
(1.1) For the purposes of subsection (1) [forcible entry – offence], it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.
- Forcible detainer
(2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.
- Questions of law
(3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.
R.S., 1985, c. C-46, s. 72; R.S., 1985, c. 27 (1st Supp.), s. 10; 1992, c. 1, s. 60(F).
[annotation(s) added]
- Punishment
73 Every person who commits forcible entry or forcible detainer is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than two years; or
- (b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 73; R.S., 1985, c. 27 (1st Supp.), s. 11 1992, c. 1, s. 58; 2019, c. 25, s. 13.
Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v SK, 2021 ONCA 619 (CanLII) | ON | CA | 1 years imprisonment (entry) (concurrent) |
Find summaries of case. |
R v Wilson, 2006 NBQB 70 (CanLII), per McLellan J | NB | SC | 3 months imprisonment + Pr | Offender had 90 days remand credit. Find summaries of case. |
See Also
Forgery
This page was last substantively updated or reviewed January 2018. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Forgery
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Drummond, 2017 CanLII 81318 (NL SC), per Burrage J | NL | SC | 3 months CSO | "Following a guilty plea and conviction, the 70-year-old offender was given a conditional sentence of three months concurrent on two counts of forgery of a document, contrary to section 368(1)(a) of the Criminal Code. In October 2014 the offender signed two Agreements of Purchase and Sale of real property using a false name, but failed to provide the requisite deposit. As such, the agreements were not legally binding. The offender did not profit from the forgery, nor did the vendors suffer a financial loss. The offender had a prior criminal record for fraud arising from events in 1996-97 and 2013." Find summaries of case. |
R v Burke, 2016 NLTD 135(*no CanLII links) | NL | SC | 12 months imprisonment | The offender was convicted at trial of fraud, forgery and uttering forged documents. "Mr. Burke, who was a real estate agent, engaged in a 'complex and sophisticated scheme', in which he created eight false Purchase and Sale Agreements for real estate. From 2009 until 2011 he used those agreements and other forged documents to obtain advances on his real estate commissions. As the scheduled closing dates arrived, there were false amending agreements, creating new fictitious closing dates. Eventually, ... “detection was inevitable”. The total monies advanced was $65,331.12, of which $35,821.85 (exclusive of interest) remained outstanding at the time of sentencing." [2] The offence was considered a "serious and deliberate breach of trust." Find summaries of case. |
R v Escott, 2016 CanLII 24770 (NL PC, per Linehan J | NL | PC | Suspended Sentence | "Mr. Escott, who was the president of a local bowler’s association, forged the signature of the association’s treasurer to eight cheques, totalling more than $50,000. There was no associated fraud involved, the cheques involved legitimate expenditures and Mr. Escott did not financially benefit from the forgeries. The matter came to light, however, when a number of cheques were returned by the bank, as there were insufficient funds in the association’s account. Mr. Escott’s actions damaged the reputation of the association and ... constituted a “serious breach of trust”. As against this aggravating factor, Mr. Escott entered a guilty plea, made an early admission to police and had no prior criminal record." [3] Find summaries of case. |
R v Fitzpatrick, 2005 NLTD 76 (CanLII), per Goulding J | NL | SC | Suspended Sentence | "the offender pled guilty to forgery and fraud under $5,000. Mr. Fitzpatrick created a bank account in the name of a deceased relative and used it to withdraw or borrow money from the bank. Goulding, J. accepted the Crown’s recommendation of a suspended sentence and two years’ probation." [4] Find summaries of case. |
R v Chukwu, 2011 ONSC 2216 (CanLII), per Kiteley J | ON | SC | 6 months imprisonment (counterfeit and forgery) | The offender plead guilty to possession of a counterfeit mark and one count of knowingly using a forged document relating to forged passport and driver's licence. Also convicted for the importation of cocaine. Find summaries of case. |
R v Sanborn, 2011 BCPC 129 (CanLII), per Dickey J | BC | PC | discharge | Find summaries of case. |
R v Oguamanam, 2009 ONCJ 257 (CanLII), per Robertson J | ON | PC | 20 months imprisonment (global) | Plead guilt to 6 counts of counterfeit mark and 7 counts of possessing stolen credit/debit cards. Find summaries of case. |
R v Andersen, 2009 NLTD 143 (CanLII), per Dymond J | NL | SC | 15 months imprisonment (forgery) 9 months imprisonment (public trust) |
"Sentencing for forgery and breach of trust. Public Official pleads guilty to two counts: forgery and breach of trust involving $89,474." Judge rejected Conditional Sentence. He ordered restitution of full amount to the Government." Find summaries of case. |
R v Okubadejo, 2008 CanLII 70041 (ON SC, per Spies J | ON | SC | 42 months (global) | Find summaries of case. |
R v Jadavji, 2005 ABPC 322 (CanLII), per AJ Brown J | AB | PC | 27 months imprisonment | Forged documents to get a student loan. Had a prior youth record. Find summaries of case. |
R v Basaraba, [1991] AJ No 1073(*no CanLII links) | AB | Suspended Sentence | Find summaries of case. |
Uttering Forged Documents
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Torske, 2013 ABCA 162 (CanLII), per Côté JA (2:1) | AB | CA | 9 months CSO | lawyer forged 21 prescriptions Find summaries of case. |
R v Shankar, 2012 BCPC 5 (CanLII), per Giardini J | BC | PC | 10 months CSO | $5k+ defraud of ICBC Find summaries of case. |
R v Perreault, 2010 BCPC 260 (CanLII), per Bastin J | BC | PC | discharge | RCMP police officer forges overtime slips (under $5,000) Find summaries of case. |
R v Stuart, 2006 ABPC 257 (CanLII), per Millar J | AB | PC | discharge | making false statement on mortgage application Find summaries of case. |
R v Zinkhofer, 2000 ABPC 16 (CanLII), per Delong J | AB | PC | 3 months imprisonment | Find summaries of case. |
R v Burns, [1993] AJ No 998(*no CanLII links) | AB | 4 months imprisonment | For 11 years the offender impersonated a paramedic and doctor without any actual training. Find summaries of case. |
Passport Forgery
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Kapoor, 2021 BCSC 2516 (CanLII), per Blok J | BC | SC | 6 months imprisonment plus 3 years probation | Find summaries of case. |
R v Zeitoune, 2018 ONSC 4363 (CanLII), per MacDonnell J | ON | SC | 3.5 years imprisonment | The offender was convicted of breach of public trust, procuring passports, forgery of passports, making false statements to procure passports, and making forged passports available. Find summaries of case. |
Frauds on the Government
- < Sentencing
- < Cases
|
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Jacques, 2001 CanLII 19283 (QC CA) | QC | CA | 2 years less a day CSO | Find summaries of case. |
- < Sentencing
- < Cases
|
|
|
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v O'Brien, 2004 CanLII 46009 (QC CQ), per Dumais J | QC | PC | $10,000 fine | Find summaries of case. |
R v Wileniec, 2003 SKCA 111 (CanLII) | SK | CA | $5,000 fine | Find summaries of case. |
R v Norris, 2003 SKPC 174 (CanLII), per Turpel-Lafond J | SK | PC | $10,000 fine | Find summaries of case. |
R v Dare to be Great Canada Ltd, 1972 CanLII 1279 (AB PC), per Cioni J | AB | PC | fines between $5,000-$20,000 | Find summaries of case. |
Hostage Taking
This page was last substantively updated or reviewed January 2019. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Hostage taking
279.1 (1) Everyone takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —
- (a) confines, imprisons, forcibly seizes or detains that person; and
- (b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.
- Hostage-taking
(2) Every person who takes a person hostage is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- (b) in any other case, to imprisonment for life.
- Subsequent offences
(2.1) In determining, for the purpose of paragraph (2)(a) [hostage taking – punishment], whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
- (a) an offence under this section;
- (b) an offence under subsection 85(1) [use of firearm in commission of an offence] or (2) [use of an imitation firearm in commission of an offence] or section 244 [discharging firearm] or 244.2 [discharging firearm – recklessness]; or
- (c) an offence under section 220 [criminal negligence causing death], 236 [manslaughter], 239 [attempted murder], 272 [sexual assault with a weapon or causing bodily harm] or 273 [aggravated sexual assault], subsection 279(1) [kidnapping] or section 344 [robbery] or 346 [extortion] if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
- Sequence of convictions only
(2.2) For the purposes of subsection (2.1) [hostage taking – subsequent offences], the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
(3) [Repealed, 2018, c. 29, s. 27]
R.S., 1985, c. 27 (1st Supp.), s. 40; 1995, c. 39, s. 148; 2008, c. 6, s. 31; 2009, c. 22, s. 13; 2018, c. 29, s. 27.
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Ader, 2018 ONSC 2351 (CanLII), per R Smith J | ON | SC | 15 years imprisonment | |
R v Lewers, 2012 OJ No 4554(*no CanLII links) | ON | 7.5 years imprisonment | The offender was convicted of kidnapping and forcible confinement for 22 hours. He had a lengthy criminal record.
| |
R v Tse, 2010 BCSC 1273 (CanLII), 2010 BCJ No 1769, per Davies J |
BC | SC | 12 years imprisonment | Find summaries of case. |
R v Ribic, 2005 OJ No 4261(*no CanLII links) | ON | 3 years + remand credit | The offender kidnapped 3 UN soldiers for 25 days. He was 21 years old.
| |
R v Li, 2002 CanLII 18077 (ON CA), per Finlayson JA | ON | CA | 14 years imprisonment | The offender participated in kidnapping three persons who were held for 22 days. Find summaries of case. |
R v Hu, 1995 CanLII 2836 (BCCA), per Hinkson JA | BC | CA | 14 years | The offender kidnapped for ransom. He held the victim for 7 days. Find summaries of case. |
Indecent Assault
- < Sentencing
- < Cases
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v O'Keefe, 2016 CanLII 85717 (NLSCTD), per Handrigan J | NL | SC | 10 months imprisonment (indecent) x 6 | The offender was found guilty of committing indecent assault on a single female 6 times. The offence occurred over 14 years starting in 1967. Find summaries of case. |
Intercept of Private Communications
- < Sentencing
- < Cases
|
Case Digests
Intimidation
This page was last substantively updated or reviewed January 2016. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Intimidation
423 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
- (a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;
- (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
- (c) persistently follows that person;
- (d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
- (e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
- (f) besets or watches the place where that person resides, works, carries on business or happens to be; or
- (g) blocks or obstructs a highway.
[omitted (2)]
R.S., 1985, c. C-46, s. 423; 2000, c. 12, s. 95; 2001, c. 32, s. 10; 2019, c. 25, s. 159.
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Ackert, 2015 SKQB 293 (CanLII), per Tholl J | SK | SC | Suspended Sentence | Find summaries of case. |
R v Avrett, 2001 BCPC 281 (CanLII), per Ellan J | BC | PC | Suspended Sentence | Find summaries of case. |
Intimidation of a Justice System Participant
This page was last substantively updated or reviewed January 2020. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear in
- (a) a group of persons or the general public in order to impede the administration of criminal justice;
- (b) a justice system participant or military justice system participant in order to impede him or her in the performance of his or her duties; or
- (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
(2) [Repealed, 2015, c. 13, s. 12]
- Punishment
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.
[omitted (4)]
2001, c. 32, s. 11; 2015, c. 13, s. 12; 2019, c. 15, s. 47.
Ranges
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Saddleback, 2019 SKPC 42 (CanLII), per Agnew J | SK | PC | 18 months imprisonment 3 years probation |
Find summaries of case. |
R v Redgun, 2016 ABPC 236 (CanLII) | AB | PC | Suspended | "the accused encountered a person who had alleged that the accused's daughter had been involved in certain criminal acts. The offender accused that person of lying, threatened to assault her, and followed her for a short distance. The accused was 48, had no previous record, and was a First Nations woman who had been abused as a child and who had attended residential school, as had both of her parents and all four of her grandparents. The Court stated that the primary sentencing considerations were denunciation and deterrence (paras 33 and 35), quoted Michel on the importance of protection of witnesses, and stated (para 43) that a violation of s. 423.1 will usually result in incarceration. In this case, the accused's Gladue factors affected her moral blameworthiness, the offence did not reflect her true character, and the Court held that the principles of denunciation and deterrence were met by the fact that the accused would now have a criminal record. She was given a suspended sentence and two years' probation" (Quoting from R v Saddleback, 2019 SKPC 42 (CanLII)) Find summaries of case. |
R v Horton, 2014 ONCA 616 (CanLII), per curiam | ON | CA | "[T]he accused was convicted of intimidating a justice system participant and assaulting a peace officer. Both charges arose out of an incident where the accused kicked an occupied police cruiser, with the intention of intimidating or causing fear in the officer, who was at the time performing police duties. The Ontario Court of Appeal upheld a sentence of 10 months' imprisonment and two years' probation for the s. 423.1 charge, and imposed a concurrent six months' incarceration for the assault." (Quoting from R v Saddleback, 2019 SKPC 42 (CanLII)) Find summaries of case. | |
R v Fensom, 2014 ABQB 238 (CanLII), per Topolniski J | AB | SC | 1 year imprisonment | Offender threatened witness with a gun after being charged with aggravated assault. Find summaries of case. |
R v Hefferan, 2014 CanLII 13084 (NL PC) | NL | PC | Find summaries of case. | |
R v Crazyboy, 2012 ABCA 228 (CanLII), per Martin JA | AB | CA | 9 months imprisonment | Offender attempted to pressure the complainant not to testify. No threats of violence were made. Find summaries of case. |
R v Viscomi, 2012 ABCA 135 (CanLII), per curiam | AB | CA | 12 months imprisonment | Offender was charged with assaulting his mother. He called complainant and ordered her to withdraw her statement or else he would cut her tongue out. Find summaries of case. |
R v Anglehart, 2012 QCCA 771 (CanLII) | QC | CA | "case involving threats by an inmate against corrections staff. He had previously received a six-month sentence for a similar offence. The Quebec Court of Appeal overturned the trial judge’s sentence of four years imprisonment, and substituted a sentence of 18 months, consecutive to time being served on other matters") (Quoting from R v Saddleback, 2019 SKPC 42 (CanLII)) Find summaries of case. | |
R v Veillette, 2012 QCCS 4720 (CanLII), per Champagne J | QC | SC | "the accused gave “menacing looks” to a police officer scheduled to testify at a preliminary inquiry, then followed the officer in his vehicle and confronted him in person. The accused had no criminal record, and cared for his schizophrenic wife, his adolescent daughter and his two handicapped brothers. He had spent seven days in pretrial custody. The Court held that the principles of denunciation and deterrence did not require further custody, despite a danger of recidivism, and imposed a period of three years’ probation, including 120 hours of community service."(Quoting from R v Saddleback, 2019 SKPC 42 (CanLII)) Find summaries of case. | |
R v Bédard, 2011 QCCS 518 (CanLII), per Champagne J | QC | SC | "the accused, who had a history of convictions for criminal harassment and contempt of court, and who was at the time undergoing trial for another charge of criminal harassment, threatened the Crown prosecutor in the hallway outside of the courtroom. He repeated the threats when subsequently in custody. Although the court rejected the Crown’s application to have the accused declared a long-term or dangerous offender (affirmed 2014 QCCA 628), the Court sentenced him to five years in prison for the intimidation charge, together with three months concurrent for a breach of recognizance" (Quoting from R v Saddleback, 2019 SKPC 42 (CanLII)) Find summaries of case. | |
R v Michel, 2010 NWTTC 9 (CanLII), per Schmaltz J | NWT | SC | 15 months imprisonment | threatening voicemail messages to crown witness for B&E; alcohol involved; guilty plea Find summaries of case. |
R v Desjarlais, 2009 MBPC 45 (CanLII), per Lismer J | MB | PC | 2 years imprisonment (intimidation) 2 years imprisonment (assault x 2) |
Offender charged with two instances of domestic assault. He told the complainant to "forget everything". Find summaries of case. |
R v Augustine, 2007 NBQB 158(*no CanLII links) | NB | SC | 3 years imprisonment | Complainant was approached with money and a plane ticket and then threatened that someone would get him if he chose to testify in a trial.
|
R v Conway, 2005 CanLII 15449 (MB PC), per Preston J | MB | PC | 15 months imprisonment | The offender plead guilty to intimidation and breach of probation. He threatened the probation officer and his children. He had a lengthy related record. Find summaries of case. |
R v Munro, [2000] OJ No 5993(*no CanLII links) | ON | 8 years imprisonment (global) | ON | |
R v Thuraisingam, [1997] OJ No 5424 (Ont. Gen Div.)(*no CanLII links) | ON | 2 years (intimidation) 6 months (asssault) |
threats against complainant in a relatively minor assault.
|
Term | PC | SC | CA | S/S |
Defined | Provincial Court |
Superior Court |
Court of Appeal |
Suspended Sentence |
Keeping a Common Bawdy-house
- < Sentencing
- < Cases
|
Case Digests
Kidnapping and Unlawful Confinement
This page was last substantively updated or reviewed December 2023. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Kidnapping
279 (1) Every person commits an offence who kidnaps a person with intent
- (a) to cause the person to be confined or imprisoned against the person’s will;
- (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
- (c) to hold the person for ransom or to service against the person’s will.
- Punishment
(1.1) Every person who commits an offence under subsection (1) [kidnapping] is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;
- (a.2) if the person referred to in paragraph (1)(a) [kidnapping – confined or imprisoned], (b) [kidnapping – transport out of Canada] or (c) [kidnapping – ransom or service] is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and
- (b) in any other case, to imprisonment for life.
[omitted (1.2), (1.21), and (1.3)]
- Forcible confinement
(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
- (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
- (b) an offence punishable on summary conviction.
(3) [Repealed, 2018, c. 29, s. 26]
R.S., 1985, c. C-46, s. 279 R.S., 1985, c. 27 (1st Supp.), s. 39; 1995, c. 39, s. 147; 1997, c. 18, s. 14; 2008, c. 6, s. 30; 2009, c. 22, s. 12; 2013, c. 32, s. 1; 2018, c. 29, s. 26; 2019, c. 25, s. 103.
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Codrington, 2023 ONSC 6352 (CanLII), per Akhtar J | ON | SC | 10 years imprisonment | Find summaries of case. |
R v Okito, 2023 ONSC 1514 (CanLII), per Forestell J | ON | SC | Find summaries of case. | |
R v Rajkovic, 2021 ONCA 11 (CanLII), per MacPherson JA | ON | CA | 8 years (kidnapping) 8 years (robbery) |
Find summaries of case. |
R v Baskaran, 2020 ONCA 25 (CanLII), per Nordheimer JA | ON | CA |
| |
R v Dillon, 2017 SKCA 28 (CanLII), per Lane JA | SK | CA | 3 years (kidnapping) 30 day (breaches x2) |
The offender pleaded guilty to kidnapping and breach of conditions x 2.
|
R v Paradis, 2016 BCPC 354 (CanLII), per Doulis J | BC | PC | 6 months (confinement) 6 months (threats) 14 and 45 days (breach) |
The offender pleaded guilty to confinement, uttering threats, and two counts of breaches. The offender assaulted his domestic partner by hitting her up to 70 times, choked her, and threatened her if she attempted to leave the trailer they were in.
|
R v Ghodsi, 2013 ABCA 337 (CanLII), per Berger JA | AB | CA | 2.5 years imprisonment | The offender took his 3 and 8 year old children to Iran for vacation and never returned. He was not charged until 8 years later.
|
R v Cook, 2013 MBQB 100 (CanLII), per Martin J | MB | SC | 9 years imprisonment (kidnapping) 7.5 years imprisonment (sexual assault) |
"in the early morning hours, the victim was walking down a public street using crutches and one arm in a cast. The offender, who was a complete stranger to the victim, grabbed her by the neck, dragged her a short distance to the house where he was staying and forced vaginal intercourse, fellatio and attempted anal intercourse while choking her. After two unsuccessful attempts to escape, the victim escaped when the offender fell asleep. The offender, who was in his 40’s, had a prior record for crimes of violence but no prior sexual offences, choking or kidnapping charges. The offender was intoxicated at the time of the offences, his criminal activity was not planned and he suffered from a disadvantaged aboriginal background as well as alcohol abuse.
The Court regarded this as a very serious series of offences in stating at para. 21 that “it is hard to imagine a more chilling scenario for a woman then to be dragged off a street, held and raped and choked until she is able to escape half naked. It is a vile, sordid assault that must be clearly condemned”. The Court ordered nine years of imprisonment for the kidnapping charge, seven and a half years concurrent for the sexual assault charge and one and a half years consecutive to the sexual assault charge for the choking charge, but concurrent to the kidnapping charge. The total sentence imposed was nine years less time served in custody on remand, for a go-forward sentence of seven years and eight months." (Quoting from R v Lemoine, 2014 NSPC 49)
|
R v White, 2012 ONCJ 619 (CanLII), per Devlin J | ON | PC | 2 years less a day | The offender built dungeon in basement of building to kidnap friend of ex-wife. He was also sentenced for break and enter of building. Find summaries of case. |
R v Walters, 2012 ABQB 83 (CanLII), per Graesser J | AB | SC | 3 years imprisonment (confine) |
"a three year unlawful confinement sentence was ordered where the offender forced the complainant into a furnace room at knife point and demanded oral sex while holding the knife to the complainant’s throat.: R. v. Walters, 2011 ABQB 585 at para. 2, 517 A.R. 321." (Quoting from R v KDH, 2012 ABQB 471 (CanLII)), at para 112 Find summaries of case. |
R v Singh, 2011 ONCJ 394 (CanLII), per Robertson J | ON | PC | 6 months (confinement) 3.5 years (global) |
The offender was found guilty of s.88, 264.1, and forceable confinement of wife. He assaulted his wife with a pipe and forced her into house to hide from authorities. He had no record and was on house arrest for 34 months pending this case. He was remorseful. There were serious long-standing injuries to victim. |
R v McCann, 2011 BCSC 1590 (CanLII), per Schultes J | BC | SC | 2 years less a day imprisonment (confinement) 2 years less a day imprisonment (assault CBH) |
Find summaries of case. |
R v Oxford, 2009 CanLII 70905 (NLPC), per Gorman J | NL | PC | 12 months imprisonment | The offender was also sentenced on poss'n of weapon (88) and breaches. He confined wife in the house at knife-point. |
R v Power, 2008 NLTD 6 (CanLII), per Thompson J | NL | SC | 5 months (confinement) 16 months (global) |
The offender was also sentenced for assault, uttering threats, and breaches. He assaulted his wife on numerous occasions. The offender would not let accused out of vehicle.
|
R v Tahvili, 2008 BCSC 22 (CanLII), per Joyce J | BC | SC | (Quoting from R v , [5])
| |
R v Radisic, 2008 ONCA 822 (CanLII), per curiam | ON | CA | "the accused was convicted of a number of offences, including kidnapping, uttering threats, assault, assault with a weapon and aggravated assault. He and other persons kidnapped three individuals in an effort to locate a drug dealer who had stolen some drugs from the accused. The abduction lasted for two days and at times significant violence was used. At other times the captors were friendly towards the victims and provided them with food, alcohol and drugs. The accused was 30 years of age, addicted to drugs, had a significant criminal record and showed no remorse towards his victims. The offences were committed while he was on probation. Crown suggested a range of global sentence of 5 to 7 years, while defence suggested a range of 2 to 7 years. The trial judge concluded the appropriate range was 4 to 7 years and sentences the accused to an effective 5 year global sentence." (Quoting from R v Tahvili, 2008 BCSC 22)
| |
R v Ayach, 2007 BCSC 398 (CanLII), per J | BC | SC | "the court applied the four to six year range given in Mills and imposed an effective sentence of four years in a case in which a 28 year old accused pleaded guilty to kidnapping and aggravated assault. The accused, who was a drug trafficker and debt collector for the Hells Angels, was one of four men who were involved in the kidnapping and assault of a man who had threatened him. In her reasons for sentencing the trial judge noted a number of mitigating circumstances. The accused had experienced a number of challenges in his personal life, including significant physical, emotional and sexual abuse. He became addicted to crystal methamphetamine which led him into further criminal activity. Since his detention he had been a model prisoner, completed extensive courses and given considerable assistance to other inmates and had excellent prospects for rehabilitation. The sentencing judge accepted that the accused’s guilty plea was a significant mitigating factor and imposed an effective sentence of four years." (Quoting from R v Tahvili, 2008 BCSC 22)
| |
R v Randhawa, 2007 BCCA 598 (CanLII), per Hall J | BC | CA |
| |
R v Deo and Mangat, 2007 BCCA 626 (CanLII), per J | {{}} |
| ||
R v Schira, 2004 ABCA 369 (CanLII), per Conrad JA | AB | CA | "an eight year unlawful confinement sentence was ordered for an unusually egregious scenario where the complainant was abducted at gunpoint in Saskatoon, then transported to Calgary where she was tied to a bed. Sexual assaults occurred throughout this period." (Quoting from R v KDH, 2012 ABQB 471 (CanLII)), at para 112 Find summaries of case. | |
R v Ingram, , [2003] O.J. No. 3801 (ONSC)(*no CanLII links) | ON | SC | "a sentence of 4 years was imposed for offences of kidnapping and aggravated assault, which involved planning. The sentence of 4 years took into account credit of 3 years for pre-sentencing custody, so it was effectively a 7 year sentence. Another significant mitigating factor was the fact that the accused pleaded guilty."(Quoting from R v Tahvili, 2008 BCSC 22)
| |
R v McBride, 2003 NSSC 204 (CanLII), per Kelly J | NS | SC | 16 month CSO (JR) | The offender also sentenced for assault causing and breach of probation. He grabbed wife by throat and confined her in the vehicle. The offender had 14 prior convictions for violence against women. The sentence was a joint recommendation.
|
R v JB(S), 2002 ABCA 211 (CanLII), per J | AB | CA | "a six month sentence for unlawful confinement was implicitly confirmed by the Court of Appeal. The facts of this case are summarized in R. v. S.J.B., 2002 ABCA 143, 312 A.R. 313. The offender had led and kept the complainant, an adult female, in a guest room where there was forced intercourse. Both were extremely intoxicated after consumption of beer and Listerine. The offender had not pled guilty." (Quoting from R v KDH, 2012 ABQB 471 (CanLII)), at para 112 Find summaries of case. | |
R v Gbeve, 2001 MBCA 73 (CanLII), per Kroft JA | MB | CA | ||
R v Pupovic, 2000 CanLII 16876 (ON CA), per curiam | ON | CA | 2 years imprisonment | The offender bound and gagged his mother-in-law and put her in the basement. The victim was found and rescued by a neighbour. The offender appealed from sentence of 5 years. |
R v Savchenko, 2000 CanLII 28797 (NLSCTD), 191 Nfld. & PEIR 225 (NLSC), per Adams J |
NL | SC | 18 months imprisonment | The offender was also sentenced for assault with a weapon, uttering threats, and unlawful entry. He entered into victim's apartment and forced them into a car and drove with the victim at knife-point, the victim escaped while the car was stopped. The offender had an unrelated record.
|
R v Twizell, 2000 BCCA 181 (CanLII), per Donald J | BC | CA |
| |
R v Chong, 2000 BCCA 359 (CanLII), per Southin JA | BC | CA | 14 years imprisonment |
|
R v Mills, 1998 CanLII 15020 (BC CA), per Donald J | BC | CA | "In Mills, two accused, Mills and Babin undertook to collect a debt for a third party. They grabbed the victim outside his work place, forced him into a vehicle, jabbed a loaded sawed-off shotgun in his side and threatened to kill him if he did not come up with the money. They then drove around for several hours in an inept attempt to collect on the debt. The police were alerted at a very early stage and brought the incident to a safe conclusion. The accused pleaded guilty to kidnapping for ransom before different judges. Mr. Babin was sentenced to four years. Mr. Mills received a sentence equivalent to five years when time spent in custody was taken into account." (Quoting from R v Tahvili, 2008 BCSC 22)
| |
R v Hiltz, 1998 CanLII 6235 (BC CA), per Lambert JA | BC | CA | "the accused and others kidnapped the victim under the pretence of appraising estate items. The victim was threatened with a gun and tied up in his own home. Mr. Hiltz spent 18 months in pre-trial custody. He received a sentence of 9 years for the offence of kidnapping with a firearm and concurrent sentence for other offences, including unlawful confinement, robbery with a firearm and assault causing bodily harm. On appeal the accused argued the sentences were unfit, relying principally on Mills." (Quoting from R v Tahvili, 2008 BCSC 22)
| |
R v Dorland, 1995 CanLII 2861 (BC CA), per J | BC | CA |
| |
R v Hui, 1995 CanLII 2836 (BC CA), per Hinkson JA | BC | CA | 14 years imprisonment |
|
R v Jacklin (T.J.), 1995 CanLII 18066 (AB CJ) | AB | PC | "the offender forced the complainant into a car and then subjected the complainant to a succession of sexual assaults over a two hour period. Fradsham P.C.J. concluded a three year sentence was appropriate for the unlawful confinement of the complainant." (Quoting from R v KDH, 2012 ABQB 471 (CanLII)), at para 112 Find summaries of case. | |
R v Rowe, 1994 CanLII 10494 (NLSCTD), 126 Nfld. & PEIR 301 (NLSC), per Easton J |
NL | SC | 3 months (confinement) |
The offender also sentenced for uttering threats, dangerous operation, and assault with a weapon. He confined wife in a vehicle.
|
R v Clark, 1994 ABCA 55 (CanLII), per J | AB | CA | "a 17 year old complainant was sexually assaulted in an abandoned building, then handcuffed. The complainant subsequently escaped when the cuffs broke. Few other details are available as the trial decision is unreported. An 18 month sentence was ordered for unlawful confinement." (Quoting from R v KDH, 2012 ABQB 471 (CanLII)), at para 112 Find summaries of case. | |
R v Cryderman (J.L.), 1993 CanLII 16392 (AB CA), per Bracco JA | AB | CA | "these are two separate sentence appeals, only R. v. Cryderman is relevant. The Court of Appeal confirmed a one year unlawful confinement sentence for a low intelligence paranoid schizophrenic offender who received instructions from voices and heavy metal music: para. 5. He detained two adult women, whom he subjected to extreme sexual abuse and violence. The offender was remorseful and normally “kind and caring”: para. 9. He had pled guilty." (Quoting from R v KDH, 2012 ABQB 471 (CanLII)), at para 112 Find summaries of case. |
Kienapple
Kienapple
Case Name | Summary |
---|---|
R v Hope, 2011 NLTD 143 (CanLII), per Stack J | sexual assault and sexual interference |
R v Ramage, 2010 ONCA 488 (CanLII), per Doherty JA | Impaired & Dangerous driving valid |
John v The Queen, 1985 CanLII 15 (SCC), [1985] 2 SCR 476, per Estey and Lamer JJ |
|
R v Davis, 1999 CanLII 638 (SCC), [1999] 3 SCR 759, per Lamer CJ |
|
R v Prince, 1986 CanLII 40 (SCC), [1986] 2 SCR 480, per Dickson CJ |
|
R v Pringle, 1989 CanLII 65 (SCC), [1989] 1 SCR 1645, per Lamer J |
|
R v Wigman, 1985 CanLII 1 (SCC), [1987] 1 SCR 246, per curiam |
LTO and DO Applications
- < Sentencing
- < Cases
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Obed, 2021 NSSC 213 (CanLII)(complete citation pending), per Wright J || NS || SC || DO || | ||||
R v Kodwat, 2017 YKTC 26 (CanLII), per Luther J | YK | SC | LTO | Summary of case is pending. |
R v Cornell, 2017 YKCA 19 (CanLII), per Charbonneau J | YK | CA | LTO (10 years) | Summary of case is pending. |
R v Skookum, 2016 YKTC 62 (CanLII), per Luther J | YK | SC | DO | Summary of case is pending. |
R v Carrie, 2016 ONSC 3721 (CanLII), per Gareau J | ON | SC | DO denied | Summary of case is pending. |
R v LEB, 2014 NSSC 244 (CanLII), per McDougall J | NS | SC | DO | Summary of case is pending. |
R v Armstrong, 2014 BCCA 174 (CanLII), per Bennett JA | BC | CA | DO | Summary of case is pending. |
R v Hunter, 2014 ABPC 92 (CanLII), per Dixon J | AB | PC | DO | Summary of case is pending. |
R v Whitefish, 2014 SKQB 99 (CanLII), per Allbright J | SK | SC | DO | Summary of case is pending. |
R v Smarch, 2014 YKTC 51 (CanLII) per Cozens J | YK | SC | DO | |
R v Ramgadoo, 2012 ONCA 921 (CanLII), per Feldman JA | ON | CA | DO | Summary of case is pending. |
R v Bitternose, 2012 ABPC 321 (CanLII), per Veldhuis J | AB | PC | DO | Summary of case is pending. |
R v Ominayak, 2012 ABCA 337 (CanLII), per curiam | AB | CA | DO | Summary of case is pending. |
R v Côté, 2012 ONCJ 707 (CanLII), per Cole J | ON | PC | DO | Summary of case is pending. |
R v GNB, 2012 SKQB 397 (CanLII), per Acton J | SK | SC | DO | Summary of case is pending. |
R v Ziegler, 2012 BCCA 353 (CanLII), per Neilson J | BC | CA | DO | The decision appeals from 2012 BCPC 61. |
R v Downs, 2012 SKQB 198 (CanLII), per Mills J | SK | SC | LTO | Summary of case is pending. |
R v Natomagan, 2012 SKCA 46 (CanLII), per Jackson JA | SK | CA | LTO granted DO denied |
sentenced to 8 years followed by LTO Order. |
R v Taylor, 2012 ONSC 1025 (CanLII), per Wilson J | ON | SC | DO | Summary of case is pending. |
R v Ben, 2012 SKPC 52 (CanLII), per Dyck J | SK | PC | DO | conviction for assault peace officer, obstruction |
R v CJD, 2012 SKQB 101 (CanLII), per Mills J | SK | SC | DO | conviction for 271 |
R v Davis, 2012 MBQB 9 (CanLII), per Martin J | MB | SC | LTO | Summary of case is pending. |
R v Cook, 2012 MBPC 18 (CanLII), per Sandhu J | MB | PC | DO | Summary of case is pending. |
R v Gonzales, 2011 BCPC 353 (CanLII), per Howard J | BC | PC | LTO | Summary of case is pending. |
R v Piapot, 2011 SKQB 470 (CanLII), per McMurtry J | SK | SC | LTO | Summary of case is pending. |
R v Tippett, 2011 ONSC 6461 (CanLII), per Glass J | ON | SC | DO | Summary of case is pending. |
R v Hogg, 2011 ONCA 840 (CanLII), per Feldman JA | ON | CA | DO | Summary of case is pending. |
R v Robinson, 2011 ABCA 320 (CanLII), per curiam | AB | CA | DO | The offender had been on a previous LTO. |
R v Atatise, 2011 MBQB 277 (CanLII), per Bryk J aff'd 2012 MBCA 117 (CanLII), per Chartier JA | MB | CA | DO | Summary of case is pending. |
R v Overton, 2010 NSPC 61 (CanLII), per Campbell J | NS | PC | LTO | The offender committed multiple arsons. |
R v Newhook, 2010 NSPC 19 (CanLII), per Digby J | NS | PC | DO | |
R v ADM, 2008 NSSC 54 (CanLII), per Hood J | NS | SC | N/A | Summary of case is pending. |
R v Pedden, 2005 BCCA 121 (CanLII), per Newbury JA | BC | CA | DO | Summary of case is pending. |
R v Johnson, 2001 BCCA 456 (CanLII), per Ryan JA | BC | CA | DO | Summary of case is pending. |
Mandamus, Certiorari, and Prohibition
Case Name | Summary |
---|---|
R v Faber, 1987 CanLII 6849 (QC CS), 38 CCC (3d) 49, per Boilard J |
The Applicant sought to compel the attorney general to withdraw a stay of proceedings against someone charged with murder |
R v Coughlan, 1969 CanLII 949 (AB QB), (1969), [1970] 3 CCC 61 (Alta. T.D.), per Riley J |
The Applicant sought to compel a magistrate to issue a summons or warrant who refused to do so after a hearing. The reviewing judge refused to order the writ as it was a discretionary decision of the magistrate. |
Mental Illness
Fitness to Stand Trial
Case | Summary |
---|---|
R v Miller, 2012 BCSC 534 (CanLII), per Joyce J | accused unfit to stand trial |
Not Criminally Responsible Due to Mental Disorder
Case | Summary |
---|---|
R v Brown, 2012 BCSC 686 (CanLII), per Fenlon J | NCR finding upheld |
R v Hoknes, 2010 ABCA 221 (CanLII), per curiam | Accused fails in overturning NCR finding |
Mischief
This page was last substantively updated or reviewed January 2016. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Under 5,000
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Lee, 2012 BCSC 137 (CanLII), per Dillon J | BC | SC | Suspended Sentence | age 45 , no record, holds PHD, destroyed clothing in a holt renfrue store. Counselling required. Find summaries of case. |
R v Hollett, [2011] NJ No 327 (P.C.)(*no CanLII links) | NL | PC | Find summaries of cases. | |
R v Skinner, 2011 NLTD(G) 104 (CanLII), per Goodridge J | NL | SC | Find summaries of case. | |
R v Smith, 2011 NLTD 123 (CanLII), per Stack J | NL | SC | Find summaries of case. | |
R v Charlebois, 2011 ABPC 238 (CanLII), per Fradsham J | AB | PC | $2000 fine; discharges denied | Find summaries of case. |
R v Akin, 2011 ABPC 201 (CanLII), per Fradsham J | AB | PC | graffiti-- offender was 18 years old and was not taking his ADHD medications at the time. Find summaries of case. | |
R v TWW, 1996 CanLII 8706 (NSCA), per Clarke CJ | NS | CA | 8 months custody and 16 months probation (global) | Youth made bomb and put it under teacher's car. See Use or Possession of Explosives (Sentencing Cases) Find summaries of case. |
R v Bricker, 1994 CanLII 630 (ON CA), per Laskin JA | ON | CA | time served (2 years) | 60 year old ties up 911 line for 12 minutes; threatened police; lengthy record Find summaries of case. |
Over $5,000
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Banks, 2012 NBQB 133 (CanLII), per McLellan J | NB | SC | 21 months imprisonment | damaged sprinkler system in correctional facility $300k+ in damage Find summaries of case. |
R v Muzzin, 2012 ONCJ 83 (CanLII), per M Green J | ON | PC | 60 days imprisonment | smashed windows of stores during G20 protest in downtown toronto Find summaries of case. |
R v Coon, 2012 ONCJ 72 (CanLII), per Weinper J | ON | PC | 12 months CSO | damage to several store fronts, mischief over 5k Find summaries of case. |
R v Crothers, 2011 NBQB 380 (CanLII), per McLellan J | NB | SC | 18 months CSO | damaging property of correctional facility; joint recommendation; $350,000.00 of damage Find summaries of case. |
R v Cote, 2011 ONCJ 778 (CanLII), per Feldman J | ON | PC | 6 months imprisonment | damage police cars during G20 riot Find summaries of case. |
Mischief to Data
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Weedon, 2023 ONCJ 317 (CanLII), per Wadden J | ON | PC | 12 months plus 3 years probation (NCDII) 6 months plus 3 years probation (comp mischief) 6 months plus 3 years probation (harass) |
Find summaries of case. |
R v Vachon-Desjardins, 2022 ONCJ 43 (CanLII), per Renwick J | ON | PC | 7 years imprisonment | Find summaries of case. |
R v Charania, 2014 ONSC 1695 (CanLII), per Goodman J | ON | SC | discharge with 9 months probation | The offender was convicted of mischief to data and unauthorized use of a computer, the latter count was stayed under Kienapple. He was a disgruntled employee at a nursing home. He remotely accessed his employer's email account to forward emails to himself. The judge overturned a sentence of a $1,300 fine and 18 months probation. Find summaries of case. |
|
Money Laundering
This page was last substantively updated or reviewed August 2021. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Offence
- Laundering proceeds of crime
462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
- (a) the commission in Canada of a designated offence; or
- (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
- Punishment
(2) Every one who commits an offence under subsection (1) [money laundering – offence]
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
- (b) is guilty of an offence punishable on summary conviction.
- Exception
(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) [money laundering – offence] if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 1997, c. 18, s. 28; 2001, c. 32, s. 13; 2005, c. 44, s. 2(F); 2019, c. 29, s. 103.
[annotation(s) added]
462.33
[omitted (1), (2), (3), (3.01), (3.1). (4), (5), (6), (7), (8), (9) and (10)]
- Offence
(11) Any person on whom an order made under subsection (3) [application for restraint order – requirements for granting order] is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.
R.S., 1985, c. 42 (4th Supp.), s. 2; 1993, c. 37, s. 21; 1996, c. 16, s. 60; 1997, c. 18, s. 30; 2001, c. 32, s. 15; 2005, c. 44, s. 4; 2019, c. 25, s. 181.
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Abdel, 2019 ONSC 690 (CanLII), per Fragomeni J | ON | SC | 18 months imprisonment | Find summaries of case. |
R v Williams, 2019 NBPC 1 (CanLII), per Brien J | NB | PC | 3 years imprisonment | Find summaries of case. |
R v Garnett, 2018 NSCA 33 (CanLII), per Saunders JA | NS | CA | 2 years less a day CSO | Find summaries of case. |
R v Lawrence, 2018 ONCA 676 (CanLII), per curiam | ON | CA | 30 months imprisonment | Find summaries of case. |
R v Barna, 2018 ONCA 1034 (CanLII), per curiam | ON | CA | 15 months imprisonment | Find summaries of case. |
R v Rathor, 2011 BCPC 338 (CanLII), per Gulbransen J | BC | PC | 2 years less a day CSO | Find summaries of case. |
R v Rosenfeld, 2009 ONCA 307 (CanLII), per Doherty JA | ON | CA | 5 years imprisonment | "the offender used his status as a lawyer to enhance his money laundering services" Find summaries of case. |
R v Bui, 2006 BCCA 245 (CanLII), per Ryan JA | BC | CA | 18 months imprisonment | Find summaries of case. |
Necessity
- < Criminal Law
- < Cases
Necessity
Case Name | Summary |
---|---|
R v DeFrias, 2016 ONCJ 313 (CanLII), per Harris J | The accused was convicted of impaired driving. She unsuccessfully argued necessity on account that she was suicidal and was intending to go to the hospital. |
R v Dirk, 2012 SKPC 61 (CanLII), per Harris J | impaired driving -- accused drove a few feet in order to avoid person who was smashing his car-not proportionate, or without alternatives |
R v Valauskas, 2012 ONCJ 790 (CanLII), per Pringle J | impaired driving - the accused drove drunk to escape attackers. Found not guilty. |
R v Costoff, 2010 ONCJ 109 (CanLII), per Bourque J | impaired - accused's passenger driving to hospital |
R v Murray, 2010 ABQB 784 (CanLII), per Verville J | impaired driving charge -- accused co-worked beaten unconscious and a group of angry men threatened to beat him--defence accepted |
R v Desrosiers, 2007 ONCJ 225 (CanLII), per Keast J | impaired - suicidal man driving to hospital. Found not guilty. |
R v Maragh, [2003] OJ No 3574(*no CanLII links) | flight from police |
R v McCain, [2003] OJ No 1762 (C.J.)(*no CanLII links) | Breach of recognizance |
R v Burgess, [2003] OJ No 4633 (CJ)(*no CanLII links) | failing to remain at the scene |
R v Sanders, 2001 CanLII 28329 (ONSC), [2001] OJ No 2207, per Howden J |
cultivation -- |
R v Hill, [1999] BCJ No 933 (Prov.Ct.)(*no CanLII links) | failing to remain at the scene |
R v Gourlay, (1996), 182 AR 126 (ABPC)(*no CanLII links) | theft |
R v Lalonde, 1995 CanLII 7155 (ONSC), , 22 OR (3d) 275, per Trainor J |
fraud - |
R v West, 1994 CanLII 4535 (NLSCTD), , 123 Nfld. & PEIR 234, (NLSC), per Barry J |
impaired driving - successful. accused was driving to corner store to call police to eject a guest |
R v Berriman, 1987 CanLII 3967 (NL CA), per Gueshue JA | impaired - accused believed an attacker was following, but not in immediate danger and had other options. |
R v Stevenson, [1986] 42 Man.R. (2d) 133 (MBQB)(*no CanLII links) | mischief |
R v Fry, 1977 CanLII 1955 (SK PC), 36 CCC (2d) 396 (SKPC), per Boyce J |
dangerous operation - successful |
Obstruction of a Peace Officer
- < Sentencing
- < Cases
|
Offence Wording
- Offences relating to public or peace officer
129. Every one who
- (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
- (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
- (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
- (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (e) an offence punishable on summary conviction.
R.S., c. C-34, s. 118; 1972, c. 13, s. 7.
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Whitehorne, 2024 CanLII 10076 (NL PC), per Gorman J | NL | PC | Find summaries of case. | |
R v Murphy, 2023 NBPC 18 (CanLII), per Brittain J | NB | PC | Find summaries of case. | |
R v Cyr, 2023 SKKB 149 (CanLII), per Elson J | SK | SC | Find summaries of case. | |
R v Boone, 2022 CanLII 57419 (NL PC), per Gorman J | NL | PC | Find summaries of case. | |
R v Peddle, 2022 CanLII 23934 (NL PC), per Gorman J | NL | PC | "the accused was also charged with the offence of obstructing a peace officer, contrary to section 129(a) of the Criminal Code. Mr. Peddle had gone to the police station to report as required by a release order. A police officer informed Mr. Peddle that a warrant had been issued for his arrest. Mr. Peddle ran out of the police station. The accused pleaded guilty to obstructing a peace officer and a number of other offences." Find summaries of case. | |
R v Burke, 2020 CanLII 62547 (NL PC), per Porter J | NL | PC | "the accused pleaded guilty to having committed a number of offences, including the offence of obstructing a peace officer, contrary to section 129(a) of the Criminal Code. While prohibited from operating a motor vehicle, the police saw the accused driving a motor vehicle. Before the police were able to arrest the accused, he changed seats with a passenger in the vehicle. For this offence, Judge Porter imposed a period of thirty days of incarceration." Find summaries of case. | |
R v St. Hilaire, 2019 ONSC 2076 (CanLII), per J | ON | SC | Find summaries of case. | |
R v Farewell, 2019 CanLII 55252 (NL PC), per Porter J | NL | PC | "the accused was convicted of the offences of uttering a threat, causing a disturbance, assaulting a peace officer, resisting a peace officer and breach of undertaking. While being arrested, the accused resisted the arrest by “twisting away from the police officers as they tried to handcuff him. As the officers were trying to handcuff the accused, he squeezed the handcuff closed on the hand of one of the police officers, causing a visible cut to her hand”. Judge Porter imposed a period of ninety-one days of imprisonment. This included a period of thirty days of imprisonment for the offence of resisting arrest." Find summaries of case. | |
R v Myles, 2019 CanLII 55274 (NL PC), per Porter J | NL | PC | Find summaries of case. | |
R v Tucker, 2019 BCSC 961 (CanLII), per Power J | BC | SC | Find summaries of case. | |
R v Rubia, 2018 CanLII 76353 (NL PC), per Gorman J | NL | PC | "the accused pleaded guilty to having committed the offences of breach of undertaking (four counts), obstructing a peace officer, assaulting a peace officer acting in the execution of his or her duties, theft (seven counts), and break and entry into a dwelling-house. I imposed a period of fifteen months of imprisonment, which included a period of one month of imprisonment for the obstructing of a peace officer offence." Find summaries of case. | |
R v Maradin, 2018 ABCA 274 (CanLII), per J | AB | CA | 60 days | Find summaries of case. |
R v Alsager, 2016 SKCA 91 (CanLII), per Richards CJ | SK | CA | Find summaries of case. | |
R v WL(M)S, 2016 NLCA 63 (CanLII), per JA | NL | CA | 30 days | Find summaries of case. |
R v King, 2016 CanLII 36312 (NL PC), per Gorman J | NL | PC | Find summaries of case. | |
R v Healey, 2016 CanLII 128 (NL PC), per Gorman J | NL | PC | 1 month CSO (obstr) 5 month CSO (global) |
"the accused was convicted of the offences of possession of a controlled substance for the purposes of trafficking, obstructing a peace officer, and failure to comply with a youth sentence, contrary to sections 5(2) of the Controlled Drugs and Substances Act, R.S.C. 1985, section 129(a) of the Criminal Code, and section 137 of the Youth Criminal Justice Act, S.C. 2002. " Find summaries of case. |
R v Hillier, 2015 CanLII 56085 (NL PC), per Porter J | NL | PC | Find summaries of case. | |
R v Safi, 2015 CanLII 24462 (NL PC), per Gorman J | NL | PC | Find summaries of case. | |
R v De Niro, 2015 CanLII 22036 (NL SC), per Faour J | NL | SC | Find summaries of case. | |
R v Makpah, 2015 NUCJ 12 (CanLII), per J | NU | PC | Find summaries of case. | |
R v Stone, 2015 CanLII 79401 (NL PC) | NL | PC | 30 days | Find summaries of case. |
R v Saunders, 2009 CanLII 70456 (NL PC), per Porter J | NL | PC | Find summaries of case. | |
R v Wal, 2008 ABQB 661 (CanLII), per J | AB | SC | Find summaries of case. | |
R v Van Delft, 2007 ABPC 319 (CanLII), per Fradsham J | AB | PC | Find summaries of case. | |
R v Henry, 2005 BCPC 388 (CanLII), per Watchuk J | BC | PC | Find summaries of case. | |
R v Greer, 2005 ABCA 345 (CanLII), per J | AB | CA | Find summaries of case. | |
R v Sneve, 2001 BCCA 366 (CanLII), per Ryan JA | BC | CA | 12 months |
"The accused was arrested as he ran away from the scene of a break-in at a liquor store. He gave the police his brother’s name and date of birth, and was fingerprinted and released on a promise to appear under that name. Approximately 22 days later, the accused was again arrested with two accomplices in relation to an attempted theft from a hardware store. He again identified himself using his brother’s name. ...In relation to the liquor store break-in, the accused appeared in Provincial Court and pleaded guilty to offences of mischief and theft. He also entered a plea of guilty to the hardware store offence. All of this was done by the accused using his brother’s name. He was sentenced to three months imprisonment and one year of probation based on the brother’s “fairly minor” record. ...Subsequently, the police determined that the fingerprints of the accused did not match the known fingerprints of the brother, and the accused was arrested for obstruction of justice. By that time, the accused had been released from gaol and was reporting to probation under his brother’s name....The accused pleaded guilty, under his own name, to the obstruction of justice charge and was sentenced to 18 months imprisonment in addition to the seven and one-half months the accused spent in pre-sentence custody." |
R v Guess, 2000 BCCA 602 (CanLII), 150 CCC (3d) 573, per Low JA |
BC | CA | 18 months imprisonment | Find summaries of case. |
R v Born With A Tooth, 1994 CanLII 9151 (AB QB), per O'Leary J | AB | SC | Find summaries of case. | |
R v Konkolus, 1988 ABCA 127 (CanLII), per curiam | AB | CA | 18 months | Find summaries of case. |
R v Watkins, , [1985] NSJ No 277(*no CanLII links) | NS | 12 months imprisonment | making false statement, causing investigation
|
Obtaining Property by False Pretences
- < Sentencing
- < Cases
This page was last substantively updated or reviewed January 2022. (Rev. # 3900) |
|
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Riasyk, 2021 ONSC 5981 (CanLII), per LaFrance-Cardinal J | ON | SC | 8 months imprisonment | Find summaries of case. |
See Also
Overcoming Resistance
This page was last substantively updated or reviewed January 2023. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Drews, 2022 ABKB 658 (CanLII), per Harris J | AB | SC | 9 months | Find summaries of case. |
R v Lusty, 2022 ABPC 45 (CanLII), per Ailsby J | AB | PC | 360 days | Find summaries of case. |
R v Chernoff, 2021 ABPC 16 (CanLII), per Stirling J | AB | PC | Find summaries of case. | |
R v Lausberg, 2013 ABCA 72 (CanLII), per McDonald JA | AB | CA | 2 years less a day | Find summaries of case. |
R v Lemmon, 2012 ABCA 103 (CanLII), per Martin JA | AB | CA | 9 months | Find summaries of case. |
R v Kruse, 2004 ABPC 194 (CanLII), per Meagher J | AB | PC | 3 years imprisonment | Accused plead guilty to choking, uttering threats, assault causing bodily harm. Offender picked up victim who was prostitute. Find summaries of case. |
R v Robinson, [1993] 135 AR 342 (CA)(*no CanLII links) | AB | CA | 4 years imprisonment | Accused attacked victim in parking lot, choked her to unconsciousness in attempt to rob victim. Appealed from 2.5 year sentence. Find summaries of cases. |
Parties to an Offence
Case Digests
Case Name | Summary |
---|---|
R v Iyanam, 2013 ONSC 1091 (CanLII), per Code J | accused aiding home invasion robbery and confinement by encouraging flight and watching for police see para 22 |
R v Briscoe, 2012 ABQB 239 (CanLII), per Yamauchi J | accused not party to a murder |
R v Opio, 2011 ABPC 392 (CanLII), per Henderson J | guilty as party to trafficking |
R v Mohamed, 2011 ABCA 350 (CanLII), per curiam | convicted as driver; D argued that he was not aware of what was going on |
R v Crowchild, 2011 ABPC 299 (CanLII), per Skene J | guilty aggravated assault; not guilty robbery |
R v Laurencelle, 1999 BCCA 511 (CanLII), 210 WAC 292, per Esson JA |
|
R v McMaster, 1996 CanLII 234 (SCC)], per Lamer CJ | guilty |
R v Briscoe, 2012 ABQB 239 (CanLII), per Yamauchi J | accused not party to a murder |
R v Opio, 2011 ABPC 392 (CanLII), per Henderson J | guilty as party to trafficking |
R v Mohamed, 2011 ABCA 350 (CanLII), per curiam | convicted as driver; D argued that he was not aware of what was going on |
R v Thatcher, 1987 CanLII 53 (SCC), [1987] 1 SCR 652, per Dickson CJ |
guilty |
R v Sparrow, 1979 CanLII 2988 (ON CA), 51 CCC (2d) 443, 12 CR (3d) 158, per Martin JA |
guilty |
R v Dunlpp and Sylvester, 1979 CanLII 20 (SCC), [1979] 2 SCR 881, per Dickson J |
Personating a Peace Officer
- < Sentencing
- < Cases
|
Offence Wording
- Personating peace officer
130 (1) Everyone commits an offence who
- (a) falsely represents himself to be a peace officer or a public officer; or
- (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.
- Punishment
(2) Everyone who commits an offence under subsection (1) [personating peace officer]
- (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
- (b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 130; 2009, c. 28, s. 2.
[annotation(s) added]
Case Digests
Police Misconduct
Principles and Factors of Sentencing Cases
Prison Breach
- < Sentencing
- < Cases
|
Case Digests
- No CanLII decisions on sentence prison breach as of May 2023.
Procuring and Trafficking Government Documents
Public Incitement of Hatred
This page was last substantively updated or reviewed January 2017. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Advocating genocide
318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
[omitted (2)]
- Consent
(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.
[omitted (4)]
R.S., 1985, c. C-46, s. 318; 2004, c. 14, s. 1; 2014, c. 31, s. 12; 2017, c. 13, s. 3; 2019, c. 25, s. 120.
- Public incitement of hatred
319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
- (b) an offence punishable on summary conviction.
[omitted (2), (2.1), (3), (3.1), (4), (5), (6) and (7)]
R.S., 1985, c. C-46, s. 319; R.S., 1985, c. 27 (1st Supp.), s. 203; 2004, c. 14, s. 2; 2022, c. 10, s. 332.
319
[omitted (1)]
- Wilful promotion of hatred
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
- (b) an offence punishable on summary conviction.
[omitted (2.1), (3), (3.1), (4), (5), (6) and (7)]
R.S., 1985, c. C-46, s. 319; R.S., 1985, c. 27 (1st Supp.), s. 203; 2004, c. 14, s. 2; 2022, c. 10, s. 332.
[annotation(s) added]
319
[omitted (1) and (2)]
- Wilful promotion of antisemitism
(2.1) Everyone who, by communicating statements, other than in private conversation, wilfully promotes antisemitism by condoning, denying or downplaying the Holocaust
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
- (b) is guilty of an offence punishable on summary conviction.
[omitted (3), (3.1), (4), (5), (6) and (7)]
R.S., 1985, c. C-46, s. 319; R.S., 1985, c. 27 (1st Supp.), s. 203; 2004, c. 14, s. 2; 2022, c. 10, s. 332.
[annotation(s) added]
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Mackenzie, 2016 ABPC 173 (CanLII), per Fradsham J | AB | PC | Find summaries of case. | |
R v Castonguay, 2013 QCCQ 4285 (CanLII), (2013) 3 CR (7th) 82 (QCCQ), per DeCoste J |
QC | PC | 11 months imprisonment | Find summaries of case. |
R v Mahr, 2010 ONCJ 216 (CanLII), per Douglas J | ON | PC | 6 months imprisonment | Find summaries of case. |
R v Noble, 2008 BCSC 216 (CanLII), per Parrett J | BC | SC | 6 months imprisonment | Find summaries of case. |
R v Presseault, 2007 QCCQ 384 (CanLII), per Vauclair J | QC | PC | 6 months imprisonment | Find summaries of case. |
R v Nicholson, 2002 Carswell BC 3592, 57 WCB (2d) 234(*no CanLII links) | BC | 1 year CSO |
| |
R v Harding, 2001 CanLII 28036 (ONSC), , 40 CR (5th) 119 (Ont.SCJ), per Dambrot J |
ON | SC | 3 months imprisonment | Find summaries of case. |
R v Lelas, 1990 CanLII 6836 (ON CA), 58 CCC (3d) 568, per Houlden JA (2:1) |
ON | CA | 1 year imprisonment | Find summaries of case. |
R v Andrews and Smith, 1988 CanLII 200 (ON CA), , 65 OR (2d) 161 (CA), per Grange JA |
ON | CA | 3 months imprisonment and 1 months imprisonment | Find summaries of case. |
Recent Possession
Case | Summary |
---|---|
R v Palaga, 2008 SKCA 36 (CanLII), 307 Sask R 130, per Smith JA |
acquitted of B&E |
R v Goulet, 2005 SKPC 104 (CanLII), per Goliath J | convicted of B&E |
R v Harris, 1995 CanLII 4187 (NSCA), per Clarke CJ | convicted of B&E |
R v JRLJ, 1994 CanLII 7617 (NSCA), per Clarke CJ | convicted of B&E |
See Also
Right to Counsel
Right to counsel
Case | s.10(b) | s.24 | Summary |
---|---|---|---|
R v Manchulenko, 2012 ONSC 2558 (CanLII), per Gareau J | Y | Y | 10(b) violation, evidence excluded, 253 charge |
R v Nakamura, 2011 BCSC 1443 (CanLII), per Romilly J | Y | Y | statements excluded; trafficking |
R v Buker, 2010 ABPC 203 (CanLII), per Bascom J | Y | Y | |
R v Volk, 2010 SKCA 3 (CanLII), per Ottenbreit JA | Y | N | police pull over for illegal driving; they smell marijuana; utterance of drugs in car, failed to give right to counsel |
R v Ewert, 2009 ABPC 270 (CanLII), per Fradsham J | Y | Y | accused offered lawyer and responded by saying "it's 4 a.m. I can't find a lawyer". |
R v Melfi, , [2001] OJ No 4863 (SCJ)(*no CanLII links) | N | N | detainee requested specific counsel--at 3:06am police left home voice-mail for counsel--at 3:09am a call was placed to duty counsel. At 3:15am, the duty counsel returned the call and spoke to detainee. No complaints of duty counsel advice, no further mention of original counsel. Acquittal set aside. |
R v Polashek, 1999 CanLII 3714 (ON CA), per Rosenberg JA | Y | Y | search vehicle after drug odour; failed to give notice of right to counsel |
Trafficking in Persons
This page was last substantively updated or reviewed October 2023. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
Trafficking in Persons
- Trafficking in persons
279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable
- (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
- (b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.
- Consent
(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) [trafficking in persons] is valid.
- Presumption
(3) For the purposes of subsections (1) [trafficking in persons] and 279.011(1) [trafficking in persons, under 18], evidence that a person who is not exploited lives with or is habitually in the company of a person who is exploited is, in the absence of evidence to the contrary, proof that the person exercises control, direction or influence over the movements of that person for the purpose of exploiting them or facilitating their exploitation.
2005, c. 43, s. 3; 2014, c. 25, s. 18; 2015, c. 16, s. 1.
Trafficking in Young Persons
- Trafficking of a person under the age of eighteen years
279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable
- (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
- (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.
- Consent
(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) [trafficking in persons, under 18] is valid.
2010, c. 3, s. 2.
Material Benefit
- Material benefit — trafficking
279.02 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1) [trafficking in persons], is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
- (b) an offence punishable on summary conviction.
- Material benefit — trafficking of person under 18 years
(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1) [trafficking in persons, under 18], is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.
2005, c. 43, s. 3; 2010, c. 3, s. 3; 2014, c. 25, s. 19; 2019, c. 25, s. 104.
Withholding or Destroying Documents
- Withholding or destroying documents — trafficking
279.03 (1) Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1) [trafficking in persons], conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
- (b) an offence punishable on summary conviction.
- Withholding or destroying documents — trafficking of person under 18 years
(2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1) [trafficking in persons, under 18], conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.
2005, c. 43, s. 3; 2010, c. 3, s. 3; 2014, c. 25, s. 19; 2019, c. 25, s. 105.
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Greaves, 2023 ONSC 5474 (CanLII), per Charney J | ON | SC | 8 years | Find summaries of case. |
R v AE, 2018 ONSC 471 (CanLII), per Boswell J | ON | SC | 10 years imprisonment | Find summaries of case. |
R v Alexis-McLymont and Elgin and Hird, 2018 CanLII 8524 (ONSC), per Leach J | ON | SC | 6 years imprisonment (global, Alexis-McLymont) 9 years imprisonment (global, Hird) |
Elgin and Hird were convicted of human trafficking offences relating to persons under 18, sexual interference, sexual assault and unlawful confinement. Alexis-McLymont was convicted of human trafficking offences relating to persons under 18. Find summaries of case. |
R v NA, 2017 ONCJ 665 (CanLII), per Monahan J | ON | PC | Find summaries of case. | |
R v DA, 2017 ONSC 3722 (CanLII), per André J | ON | SC | "where the complainant entered into an agreement with the offender whereby he would be her “protector” while she engaged in prostitution. They were to split her earnings 50/50. The offender introduced another male to the arrangement, however, and together the males kept all of her money. They assaulted her on at least two occasions and exploited her over a 90 day period. Andre J. held that the appropriate range of sentence was three to four years. He split the difference and imposed a sentence of three and one half years;" (Quoting from R v AE, 2018 ONSC 471 (CanLII)), at para 64 Find summaries of case. | |
R v Campbell, 2017 ONSC 26 (CanLII), per McWatt J | ON | SC | 45 months imprisonment (global) | "where the offender exploited a minor female over two and a half days. The complainant was engaged in prostitution in Barrie. The offender invited her to come work for him in Toronto where she could make more money. He and another male controlled her movements for over two days and kept all her money. She was threatened with being sold to another criminal or thrown off a balcony. The complainant eventually implored a client to call the police on her behalf, which ended her exploitation. The offender was found to have an unloaded semi-automatic machine pistol in a storage locker. McWatt J. imposed a sentence of 21 months for human trafficking and two years, consecutive, for possession of the firearm, for a global sentence of forty-five months." (Quoting from R v AE, 2018 ONSC 471 (CanLII)), at para 64 Find summaries of case. |
R v Deiaco, 2017 ONSC 3174 (CanLII), per Kelly J | ON | SC | 8 years imprisonment (global) | The offender plead guilty to trafficking in persons related offences, kidnapping and unlawful confinement, assault causing bodily harm, and use of an imitation weapon. The main victim travelled to Toronto to enter a drug rehabilitation facility. She met the accused who connected her with a source of drugs in exchange for sex and prostitution. She escaped and then was found again by the accused and his associates where she and her boyfriend were badly assaulted. The offender was 32 years old with a long criminal history. see case summary at 2018 CanLII 8524 Find summaries of case. |
R v NJ, 2017 ONSC 3995 (CanLII), per Hill J | ON | SC | 5 years imprisonment | The offender plead guilty to assault x 2 and procuring under s. 212(1)(h) x 4. Find summaries of case. |
R v RS, 2017 ONCA 141 (CanLII), per curiam | ON | CA | 5 years imprisonment | Appeal from 2016 ONSC 2939 (CanLII), per Aitken J Find summaries of case. |
R v Finestone, 2017 ONCJ 22 (CanLII), per Greene J | ON | PC | 4 years imprisonment | The offender was convicted of trafficking persons under the age of 18 years. The victim was 16 years old at the time. The Court finds the mandatory minimum of 5 years to be cruel and unusual punishment. Find summaries of case. |
R v S, 2016 ONSC 2939 (CanLII), [2016] O.J. No. 2411 (S.C.), per Aitken J |
ON | SC | 5 years imprisonment (trafficking) 3 years imprisonment (benefits) 6 months imprisonment Withholding documents |
"a 33 year old man was convicted after trial of human trafficking over a period of 4 months when he directed the 19 year old victim to provide sexual services to men and to provide him with all of her money. He had not introduced her to prostitution, she had some imput into her working conditions and she was never physically restrained from leaving, although the defendant controlled her through threats, physical violence and emotional manipulation. The defendant had a lengthy criminal record with 30 convictions including domestic assaults and breaches of court orders. He had minimal insight into his actions and expressed no accountability for them. The defendant was sentenced to 5 years in jail." (Quoting from R v Campbell, 2017 ONSC 26 (CanLII)), at para 73 Find summaries of case. |
R v Byron, 2014 ONSC 990 (CanLII), per Warkentin J | ON | SC | 6 years imprisonment | procuring, living off avails and aiding person under age of 18 to engage in prostitution as well as human trafficking. Find summaries of case. |
R v Moazami, 2015 BCSC 2055 (CanLII), per Bruce J | BC | SC | 23 years imprisonment | The offender was convicted of living off the avails of prostitution. Find summaries of case. |
R v McPherson, 2013 ONSC 1635 (CanLII), per Baltman J | ON | SC | 4 years imprisonment | The offender was convicted of living off the avails under s. 212. [1] Find summaries of case. |
R v Wallace, 2009 ABCA 300 (CanLII), per curiam | AB | CA | 3 years imprisonment | Find summaries of case. |
R v Mfizi, 2008 CanLII 29779 (ONSC), [2008] O.J. No. 2430 (Sup. Ct.), per Thorburn J |
ON | SC | 8 years imprisonment | The offender procured a 17 year old female to work as a prostitute. She worked for him for about 3 months. He assaulted her on multiple occasions. Find summaries of case. |
R v Bennett, [2004] O.J. No. 1146 (CA)(*no CanLII links) | ON | CA | 4.5 years imprisonment | The offender compelled three underage females to enter into prostitution. [2]
|
R v Tang, 1997 ABCA 174 (CanLII), per curiam | AB | CA | Find summaries of case. |
- ↑ short summary found at 2017 ONSC 26 (CanLII), per McWatt J, at para 75
- ↑ short summary found at 2017 ONSC 26 (CanLII), per McWatt J, at para 74
Unpublished
- R v RAW - 4 years - trafficked underage female - Justice Brothers
See Also
Trespassing at Night
This page was last substantively updated or reviewed January 2012. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Priestap, 2006 CanLII 12288 (ON CA), per Lang JA | ON | CA | suspended | Find summaries of case. |
R v Stewart, 2004 CanLII 5541 (NLPC), , [2004] NJ No. 278 (P.C.), per Porter J |
NL | PC | 30 days imprisonment for each count | included 3 counts of prowling and other offences Find summaries of case. |
R v Blaisdell, 2001 PESCAD 5 (CanLII), per curiam | PEI | CA | 30 days imprisonment | included other offences such as 264.1 Find summaries of case. |
R v Hawes, 1994 CanLII 4017 (NSCA), per Pugsley JA | NS | CA | 30 days imprisonment | long prior record Find summaries of case. |
Trial Process
Types of Evidence
Real Evidence
- Video Surveillance
Case Name | Summary |
---|---|
R v Doughty, 2009 ABPC 8 (CanLII), per Cummings J | surveillance video inadmissible |
- Business Documents
Case Name | Summary |
---|---|
R v Wilcox, 2001 NSCA 45 (CanLII), per Cromwell JA |
- 911 Calls
Case Name | Summary |
---|---|
R v Stapleton, 2003 BCCA 444 (CanLII), per Hall JA |
- Court orders
Case Name | Summary |
---|---|
R v Schellenberg, 2011 MBQB 240 (CanLII), per Oliphant J | copy of probation order unsuccessfully challenged |
Documentary evidence
Case Name | Summary |
---|---|
R v Chevannes, 2011 ONCJ 754 (CanLII), per Harris J | DVD surveillance video for ID found inadmissible |
Use or Possession of Explosives
This page was last substantively updated or reviewed November 2023. (Rev. # 3900) |
- < Sentencing
- < Cases
|
Offence Wording
- Breach of duty
80. Every one who, being under a legal duty within the meaning of section 79 [duty of care re explosives], fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that
- (a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or
- (b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 78.
[annotation(s) added]
- Using explosives
81 (1) Every one commits an offence who
- (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;
- (b) with intent to do bodily harm to any person
- (i) causes an explosive substance to explode,
- (ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or
- (iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;
- (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or
- (d) makes or has in his possession or has under his care or control any explosive substance with intent thereby
- (i) to endanger life or to cause serious damage to property, or
- (ii) to enable another person to endanger life or to cause serious damage to property.
- Punishment
(2) Every one who commits an offence under subsection (1) [using explosives] is guilty of an indictable offence and liable
- (a) for an offence under paragraph (1)(a) [causes explosion with intent to cause damage, harm or death] or (b) [uses explosives or dangerous substance with intent to harm], to imprisonment for life; or
- (b) for an offence under paragraph (1)(c) [places or throws explosive with intent to damage] or (d) [make or possess explsive with intent to endanger life, damage property], to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 79.
[annotation(s) added]
- Possession of explosive
82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
- (b) an offence punishable on summary conviction.
- Possession in association with criminal organization
(2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
R.S., 1985, c. C-46, s. 82; R.S., 1985, c. 27 (1st Supp.), s. 12; 1997, c. 23, s. 2; 2001, c. 32, s. 3(F); 2018, c. 29, s. 5; 2019, c. 25, s. 14.
Case Digests
Case Name | Prv. | Crt. | Sentence | Summary |
---|---|---|---|---|
R v Bryon, 2021 ABQB 884 (CanLII), per Friesen J | AB | SC | 6.5 years imprisonment | Find summaries of case. |
R v TWW, 1996 CanLII 8706 (NSCA), 440 APR 386, per Clarke JA |
NS | CA | 8 months imprisonment, 16 months probation (global) | The offender was a youth who plead guilty to making a home-made bomb, "possession of an explosive substance", and mischief. He had made a bomb which he put under the car of one of his teachers. It exploded, causing around $1,500 worth of damage. He had also called the teacher and used profane language at her. The youth had a lengthy criminal record. He was 15 years old. Find summaries of case. |
Young Offenders
This page was last substantively updated or reviewed January 2018. (Rev. # 3900) |
- < Sentencing
- < Cases
Cases concerning Sentencing Young Offenders.
Youth Sentences
Case Name | Offence(s) | Sentence | Summary |
---|---|---|---|
R v CC, 2018 NSPC 49 (CanLII), per McGrath J | Agg. assault | ||
R v DW, 2011 NLCA 21 (CanLII), per Welsh JA | Robbery | 4 months deferred + P | Offender stole chain off victim's neck. He had a prior record for robbery. |
R v M(P), 2013 ONCJ 36 (CanLII), per Bishop J | Sexual Assault, Manslaughter | 1 year SC + 1 year DC + 1 year S | sexually assaulted a semi-incapacitated girl while outside drinking. Left the girl out in the slow and she froze to death. |
R v AW, 2021 ABPC 14 (CanLII), per Airth J | sexual interference | 2 years probation | |
R v DBV, 2011 BCSC 1350 (CanLII), per Joyce J | sexual assault |
Application to Sentence as an Adult
Case Name | Offence(s) | Sentence | Summary |
---|---|---|---|
R v Johnson, 2017 BCSC 1240 (CanLII), per Donegan J | 4 years imprisonment | "...a 21 year old offender with a youth record and continued criminal activities received 4 years for stabbing a stranger at a house party while both were very drunk." [6] | |
R v DVJS, 2013 MBPC 34 (CanLII), per Pollack J | 2nd degree Murder | adult sentence | |
R v KH, 2013 MBPC 31 (CanLII), per Martin J | Robbery x 3 | sentenced as adult | |
R v CM, 2013 ABPC 30 (CanLII), per Franklin J | 2nd Degree Murder | ||
R v R.R.I., 2013 MBQB 22 (CanLII), per McCawley J | Robbery | sentenced as youth | |
R v B.S.A., 2013 BCSC 75 (CanLII), per Goepel J | 2nd Degree Murder | 5.5 years imprisonment | sentenced as adult |
R v Kim, [2013] BCJ No. 2571 (BCSC)(*no CanLII links) | "...the offender, a youth, was part of a group at a restaurant that got into an unplanned fight. One member of his party got a gun from Kim’s car and shot the victim, who died. Kim had no record and expressed remorse. The sentence of 7 years was a joint recommendation"[7] | ||
R v Peynado, 2011 BCCA 524 (CanLII), per Neilson JA | "The two offenders were masked and armed as they participated in a home invasion designed to rob the home owner; while Mr. Peynado was leading the home owner through the house to look for valuables, his companion unexpectedly killed one of the other occupants. Mr. Peynado was 30 years old. His sentence was reduced on appeal from 11 to 9 years."[8] | ||
R v Brar, 2011 BCSC 875 (CanLII), per Grist J | "...a 20 year old offender received 5 years for a swarming death resulting from a planned confrontation at the victim’s house arising from a prior altercation with the accused’s brother. Brar did not have a weapon, and thus was not the stabber. He had no criminal record"[9] | ||
R v Carter, 2010 BCSC 853 (CanLII), per Gropper J | "...an 18 year old offender with no record received 5 years for a two on one attack on an intoxicated man in his fifties. The attack went on for two minutes. No remorse or insight was displayed; there was a high risk for violent recidivism"[10] | ||
R v Cador, [2010] AJ No. 1406 (ABCA)(*no CanLII links) | 7 years imprisonment | "Cador lured her boyfriend to a bar where he was beaten by others in a planned and premediated assault."[11] | |
R v Quintana, 2009 BCCA 119 (CanLII), per Finch JA | 10 years | Youth and another were armed with a hatchet attacked the victim with it. No acknowledgement of wrongdoing or remorse. | |
R v Ansari, 2009 BCCA 381 (CanLII), per Bauman JA | 5 years imprisonment | "a finding of guilty of manslaughter on a murder charge; the accused brought a knife and was the stabber of a person with whom he had a dispute over money, and who threatened and lunged at him. The sentence of 5 years was upheld on appeal."[12] | |
R v Nguyen, [2008] BCJ No. 1128 (BCCA)(*no CanLII links) | "...a youth, sentenced as an adult, was recruited to join in a swarming in which the victim was attacked with a hatchet. The accused was unaware of the hatchet. Remorse was accepted as genuine. He received a 20 month conditional sentence which was modified on appeal to custodial time. The man with the hatchet received 10 years. The Court of Appeal remarked on the necessity to emphasize denunciation and deterrence in swarming attacks..."[13] | ||
R v MacDonald, 2007 BCCA 606 (CanLII), per Prowse JA | "the accused, 34 years old, received a sentence of 7 years for manslaughter (his two companions were charged with murder), although he had not participated in the assault and had believed weapons were present only to intimidate, not to kill. He was in on the planning and did nothing to stop the violence, and had a significant criminal record and was on parole at the time of the offence"[14] | ||
R v Lai, 2006 BCCA 368 (CanLII), 229 BCAC 236, per Ryan JA |
"...a group were at a club with the intention of encouraging and assisting an Asian group in an unlawful assault upon Korean youths. One was beaten to death. The accused were not instigators and their involvement was relatively spontaneous. They were sentenced to two years less a day; the appeals were dismissed;" [15] | ||
R v Gill, 2006 BCCA 127 (CanLII), per Mackenzie JA | "...a 23 year old offender’s sentence for robbery was reduced on appeal to from five years to three years, on the basis that maximum sentences undermine the prospect of rehabilitation"[16] | ||
R v REA, 2003 BCSC 925 (CanLII), per Melnick J | "...a 25 year old offender with a record received a sentence of 5 years and 10 months, for a stabbing in a drug transaction"[17] | ||
R v Barton, 2003 BCCA 206 (CanLII), per Levine JA | "the two accused pled guilty to manslaughter and robbery with a firearm in a home invasion situation, both received sentences of 11 years, upheld on appeal for Barton, 22 years old: although the other offender had done the stabbing, the court said Barton was equally morally culpable, had a longer criminal record and was on probation at the time of the offence"[18] | ||
R v Miloszewski, 2001 BCCA 745 (CanLII), [2001] BCJ No. 2765, per Lamert JA |
12 years imprisonment[1] and 15 years imprisonment[2] | "[A]n elderly Sikh man was attacked and beaten by a group of young men, and died of his injuries. The attack had a racist motive. The Court of Appeal emphasized the importance of collective responsibility for collective action. The two offenders who appealed were sentenced to 15 and 18 years, reduced to 12 and 15 years for time in pre-trial custody, upheld on appeal"[19] | |
R v Gagliardi, 2000 ABCA 137 (CanLII), per Jones J | "...a group of young men attacked another young man for no apparent reason outside a bar, punching him and then kicking him while he lay on the ground, and were convicted of aggravated assault. Gagliardi had a machete, although it was not clear if he used it. Gagliardi, 19, was sentenced to 7 years; another co-offender, 21 years old, to 9 years"[20] | ||
R v Watson, , [1998] BCJ No. 2180 (BCSC)(*no CanLII links) | 7 years imprisonment | the two offenders beat the victim, leaving him in a ditch where he drowned. Both youths had learning disabilities. | |
R v Ly, , [1994] BCJ No. 1325(*no CanLII links) | "...a 26 year old offender’s sentence for manslaughter was increased on appeal from one year to four years. The victim had been beaten by three people, including the offender"[21] |
Unpublished Rulings
- R v GS [22]
- November 30, 2018
- 3 years (manslaughter x 2)
- Level Zero
- Sentencing
- Case Digests
- Sentencing Case Digests
- 1985, c. C-46
- 1985, c. 27 (1st Supp.)
- 1998, c. 35
- 2019, c. 25
- 1993, c. 45
- 1997, c. 16
- 2002, c. 13
- Violence Offences
- 1995, c. 39
- 2005, c. 32
- 1992, c. 47
- 1994, c. 44
- 1996, c. 7
- 1997, c. 18
- 2008, c. 18
- 2018, c. 29
- 2022, c. 17
- 1991, c. 43
- 2000, c. 12
- 2018, c. 21
- 1992, c. 1
- 2008, c. 6
- 2009, c. 22
- 2001, c. 32
- 2015, c. 13
- 2019, c. 15
- 2013, c. 32
- Procedure and Practice
- Procedure Case Digests
- Cleanup
- Long-Term and Dangerous Offender Designation
- Property Offences
- 1996, c. 19
- 2005, c. 44
- 2019, c. 29
- 1993, c. 37
- 1996, c. 16
- Criminal Law
- Criminal Law Case Digests
- 2009, c. 28
- 2004, c. 14
- 2014, c. 31
- 2017, c. 13
- 2022, c. 10
- Evidence
- Evidence Case Digests
- 2005, c. 43
- 2014, c. 25
- 2015, c. 16
- 2010, c. 3
- 1997, c. 23