2023-05-17
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(PUBLICATION BAN IN CASE)An accused was charged with several offences. Before the jury selection process began, a ban on publication was imposed on all pre-trial applications in the proceedings pursuant to s. 648(1) of the Criminal Code. A consortium... 2023-05-16
(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)The respondent Frédérick Silva was charged with four counts of murder and one count of attempted murder based on incidents that occurred on February 21, 2017, and December 20, 2018. On November 22, 201... 0:002:11:032023-05-15
The appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, w... 0:001:18:352023-04-21
The respondent, the Association des cadres de la Société des casinos du Québec (Association), was formed in 1997 under the Professional Syndicates Act, CQLR, c. S-40. Seventy percent of the operations supervisors assigned to the gaming tables at Casi... 0:003:57:182023-04-19
(PUBLICATION BAN IN CASE)The respondent pleaded guilty to a charge of sexual interference committed against a minor under the age of 16 between August 1, 2013 and July 19, 2015. During that period, he and the complainant had full sexual intercourse f... 0:003:23:332023-04-17
On December 24, 2015, the appellant was charged with crimes relating to the shooting of two individuals. The appellant’s jury trial for second degree murder, attempted murder and assorted firearm charges was scheduled to commence on November 5, 2018.... 0:001:09:052023-03-26
The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the ... 0:002:55:132023-03-26
The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the ... 0:002:11:552023-03-22
(PUBLICATION BAN)The respondent was convicted of sexual assault and sexual interference, two offences perpetrated on the complainant when she was between six and eight years old. The convictions were based on the complainant’s unsworn, videotaped pol... 0:001:22:452023-03-20
(PUBLICATION BAN IN CASE)The respondent, H.V., pleaded guilty to a child luring offence committed between July 31 and August 9, 2017, which was prosecuted summarily. During sentencing, the respondent argued that the 6-month mandatory minimum sentence... 0:002:58:342023-03-20
At trial, the appellant was convicted by a jury of two counts of first degree murder. The appellant had refused to retain counsel subsequent to the preliminary inquiry and was adamant that he wanted to represent himself. Two separate amicus curiae we... 0:001:46:392023-02-14
The appellant was charged with multiple offences in relation to a home invasion robbery that took place on or about June 24, 2017. After stealing the homeowner’s possessions, the intruders drove off in his truck. The truck was located 11 hours later.... 0:001:09:242023-02-10
In 2018 and 2019, the Minister of Education, Culture and Employment of the Northwest Territories denied six applications for admission to French-language schools made by non-rights holder parents. The ineligibility of their children was assessed acco... 0:003:13:152023-02-10
The appellants, who were charged with various offences related to the large scale trafficking of cannabis, were arrested at the same time in more than one judicial district. They were divided into four different groups for separate trials. The appell... 0:002:46:452023-02-08
The appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon Territory; she resides in Whitehorse, instead of the VGFN’s Settlement Lands, approximately 800km away, for family medical reasons and othe... 0:003:40:212023-02-01
(PUBLICATION BAN)At trial, the appellant was acquitted of sexual interference, invitation to sexual touching and sexual assault respecting the complainant, a person under the age of 16 years. A majority of the Court of Appeal of Newfoundland and Labr... 0:0056:062023-01-18
In 2017, the AMF brought an action before the FMAT alleging that the appellants participated in a transnational pump and dump scheme by improperly influencing or manipulating the price of a stock in contravention of the Quebec Securities Act, CQLR, c... 0:002:17:582023-01-17
In September 2017, the police commenced an investigation related to the purchase of virtual gift cards with fraudulent credit card information. The police was told that the fraudulent online transactions used two IP addresses. The police obtained war... 0:001:44:372023-01-12
The appellants, Mr. Ponce and Mr. Riopel, served as presidents of three companies grouped together under the name “Le Groupe Excellence” controlled by the respondent shareholders, Mr. Rhéaume and Mr. Beaulne. Rhéaume and Beaulne founded Excellence in... 0:002:02:152023-01-11
At trial before judge and jury, the appellant, Ahmed Abdullahi was convicted of various gun-related offences including one count of participation in the activities of a criminal organization for the purpose of trafficking weapons, contrary to s. 467.... 0:001:06:232022-12-08
By Order in Council 1288 2019 of December 18, 2019, the Quebec government submitted the following question to the Quebec Court of Appeal:Is An Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24, ultra vires t... 0:004:30:012022-12-06
After a trial in the Court of Québec, the appellant, Mikerlson Vernelus, was convicted of possession of a firearm and breach of a recognizance. A vehicle with the appellant and two other individuals in it had been stopped by the police and the appell... 0:0058:382022-12-05
The parties were married for three years. Both parties came into the marriage with considerable assets, including houses, vehicles, items of personal property, RRSPs, savings and pensions. Shortly after the parties separated, the respondent invited t... 0:002:10:512022-12-02
The respondent, David Edward Furey, was convicted of breaking and entering into a dwelling, assault with a weapon, assault causing bodily harm, possession of a knife for a purpose dangerous to the public peace, and breach of an undertaking. At trial,... 0:0055:492022-12-01
Before the Saskatchewan Court of Queen’s Bench, the appellant, Ryan David Clark, was convicted by a jury of second degree murder. The main issue at trial was the identity of the person who had beaten the deceased to death.On appeal, Mr. Clark argued ... 0:001:01:262022-12-01
Section 34(1)(e) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”) provides that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the liv... 0:002:51:062022-11-18
(Publication in case)(Sealing order)Since the 2004 agreement between Canada and the United States known as the Safe Third Country Agreement, the U.S. has been designated a safe country pursuant to s. 159.3 of the Immigration and Refugee Protection Re... 0:003:34:142022-11-18
(PUBLICATION BAN)At trial, the respondent, Randy William Downes, was convicted of two counts of voyeurism contrary to s. 162(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46. He was found to have surreptitiously taken photographs of adolescent male h... 0:001:30:122022-11-15
(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)The respondents were found guilty of six counts of first degree murder and one count of conspiracy to commit murder. The respondents filed applications for sta... 0:002:06:142022-11-09
The appellant was charged with operating a motor vehicle with a blood-alcohol concentration that exceeded eighty milligrams of alcohol in one hundred milliliters of blood. The appellant was released from custody on an undertaking, a condition of whic... 0:001:42:162022-11-04
The appellants, Yves Des Groseillers and BMTC Group Inc., appealed assessments made by the respondent, the Agence du revenu du Québec (“ARQ”). In the course of tax audits, the ARQ added amounts to Mr. Des Groseillers’s taxable income as additional em... 0:001:42:512022-11-02
Prior to the transactions at issue, the appellant, Deans Knight Income Corporation, was a Canadian public corporation that had approximately $90 million of unused non-capital losses and other deductions. It sought to realize the value of these tax at... 0:002:29:202022-11-02
The respondent was driving a vehicle, had exited the public highway, and was on private property when the police officer approached him. The officer testified that they did not see any signs of impairment prior to stopping the respondent and there wa... 0:002:06:342022-10-15
The appellant, Glen Hansman, is a man and teacher, and at the time of the events in question, he was also the President of the British Columbia Teacher’s Federation (“BCTF”). The respondent, Barry Neufeld, is an elected public school board trustee i... 0:002:58:442022-10-15
The City of Greater Sudbury contracted Interpaving Limited to repair utilities and to repave streets affected by the repairs. An employee of Interpaving Limited operating a road grader struck and killed a pedestrian who was attempting to cross a stre... 0:002:24:352022-09-15
Following the enactment in 2018 of the Cannabis Act, S.C. 2018, c. 5, by the federal government and the Cannabis Regulation Act, CQLR, c. C-5.3, by the province of Quebec, the appellant, Janick Murray-Hall, brought an action in the Quebec Superior Co... 0:003:01:012022-09-14
The respondent, Mr. Breault, refused a number of times to provide a breath sample to a peace officer who demanded that he do so at a time when an approved screening device was not in the officer’s possession. The Municipal Court found Mr. Breault gui... 0:002:11:092022-08-07
In October 2012, the respondent Mr. Comeau drove from his hometown Tracadie, in New Brunswick, to Pointe-à-la-Croix and the Listuguj First Nation Indian Reserve, in the province of Quebec. He went there to purchase alcoholic beverages. Mr. Comeau was... 0:002:33:252022-08-07
In October 2012, the respondent Mr. Comeau drove from his hometown Tracadie, in New Brunswick, to Pointe-à-la-Croix and the Listuguj First Nation Indian Reserve, in the province of Quebec. He went there to purchase alcoholic beverages. Mr. Comeau was... 0:002:19:432022-07-05
(SEALING ORDER)In 2014, the Federal Court, in the liability phase of the trial, held that the respondents’ (collectively “Dow”) 705 Patent for fabricated products made from ethylene polymer blends was found to be valid and infringed by a product manu... 0:002:23:302022-06-30
(PUBLICATION BAN IN CASE)Cpl. McGregor, a Canadian Armed Forces member, was posted to and resided in the United States. The Canadian Forces National Investigation Service suspected he committed the offences of interference and voyeurism by surreptiti... 0:002:54:512022-06-20
(PUBLICATION BAN IN CASE)The appellant and her former husband, the respondent, were married in Pakistan in 2012. They have two children under the age of five who are both Canadian citizens, as is the mother. The father is a Pakistani citizen. The par... 0:002:38:362022-06-20
An Air Canada flight from Toronto to Halifax crashed when it landed short of the runway during a snowstorm. Some of the passengers commenced a class action asserting negligence on the part of various defendants, including Air Canada, the pilot and co... 0:002:36:512022-06-20
(PUBLICATION BAN IN CASE)The appellant plead guilty to two counts of sexual assault. The appellant and Crown made sentencing submissions, which were not joint submissions. The Crown sought a 4 6 year global sentence. The appellant sought a 3 to 3.5 y... 0:002:47:172022-06-07
(PUBLICATION BAN)The appellant, Jesse Dallas Hills, pled guilty to four charges from an incident in May 2014 where he swung a baseball bat and fired a shot with his rifle at an occupied vehicle, smashed the window of a parked vehicle and shot a few r... 0:004:36:302022-05-29
Aboriginal law - Self government - Land claims - Fiduciary duty - Treaty rights - Duty to consult - Whether there is a duty to consult and, where possible, accommodate First Nations’ concerns and interests in the context of a modern comprehensive lan... 0:004:31:312022-05-19
At trial the appellant, Corey Daniel Ramelson, was found guilty of three indictable offences under ss. 172.1, 172.2 and 286.1 of the Criminal Code, R.S.C. 1985, c. C 46. The appellant’s charges arose out of Project Raphael designed by the York Region... 0:002:32:262022-05-19
The appellant, Syed Adeel Safdar, and two co accused who have since discontinued their appeals, were tried for a number of offences involving the abuse of the appellant’s wife. At the end of the evidence and argument on the merits of the allegations,... 0:001:09:192022-05-16
Mr. Ray was shot after two masked men burst into his house. In the immediate aftermath of the shooting, he twice identified Mr. Jacob Charles Badger as the person who had shot him. However, at trial, Mr. Ray failed to identify his assailants. The sta... 0:0051:482022-04-22
The respondent was convicted by a jury of second degree murder. At the pre charge conference, both parties had agreed that there was no air of reality to a defence of provocation, and the trial judge ruled that the defence should not be put to the ju... 0:0053:102022-04-20
The appellant was convicted after trial before a judge alone of thirteen counts relating to various offences committed against his common law spouse. Applying the principles set out in R. v. W.(D.), [1991] 1 S.C.R. 742, the trial judge concluded that... 0:001:12:102022-04-05
Canadian Charter of Rights and Freedoms – Criminal Law – Extradition – Judicial review of Minister’s surrender order – Surrender order set aside on basis that Minister’s acceptance of assurances from extradition partner on health and safety in custod... 0:002:40:352022-03-24
On the evening of January 29, 2017, the respondent, Mr. Bissonnette, who was 27 years old at the time, left home with two firearms and ammunition and headed to the Great Mosque of Québec. On arriving there, he fired on the worshippers who were presen... 0:003:36:352022-03-24
In 2016, the respondent Ms. Sharma, an Indigenous woman, pled guilty to importing two kilograms of cocaine, contrary to s. 6(1) of the Controlled Drugs and Substances Act (“CDSA”). Ms. Sharma sought a conditional sentence of imprisonment, and challen... 0:004:06:212022-03-21
Following a trial by jury, the respondent, Craig Pope, was convicted of second degree murder. A majority of the Court of Appeal allowed Mr. Pope’s appeal from conviction and ordered a new trial. In its view, the trial judge erred by failing to proper... 0:001:07:362022-03-18
The respondent was charged with assault, aggravated assault, uttering a threat, and damage to property. On June 5, 2018, the Crown elected to proceed summarily on three hybrid offences, and the charge of aggravated assault was electable as to mode of... 0:0051:352022-03-16
In the Court of Québec, the respondent, Daniel Brunelle, was convicted of aggravated assault, assault with a weapon and possession of a weapon for a dangerous purpose. The offences arose out of an episode of road rage. The trial judge found that the ... 0:0053:022022-02-28
In June 2008, Roger Matern consulted the appellant, Mitra Javanmardi, a naturopath. Ms. Javanmardi administered an intraveous injection treatment. Mr. Matern died not long after the treatment. Ms. Javanmardi was charged, in connection with his death,... 0:002:22:092022-02-26
Charter of Rights - Constitutional law - Right to life, liberty and security of person - Fundamental justice - Fair hearing - Immigration law - Evidence - Security certificate issued against Mohamed Harkat stating that he is inadmissible to Canada on... 0:004:37:522022-02-24
Charter of Rights and Freedoms - Criminal law – Charge to jury – Right to silence – Consideration of s. 4(6) of the Canada Evidence Act - Whether Court of Appeal erred in concluding that the trial judge was not required to specifically caution the ju... 0:002:47:132022-02-16
Annapolis Group Inc. seeks to develop lands that it owns. The lands lie within the boundary of Halifax Regional Municipality. Council of Halifax Regional Municipality declined to commence a planning process and to amend a by-law, both of which are re... 0:002:30:112022-02-15
The appellants were convicted of manslaughter in relation to the death of their roommate. After being initially detained by officers at the scene under a non-existent law, they were arrested by detectives for murder two hours later at the police stat... 0:003:22:032022-02-11
Following an investigation into cocaine trafficking, the appellant was arrested and subjected to a strip search, which yielded three small bags of cocaine. At trial, the appellant applied to exclude the evidence on the basis that the strip search had... 0:001:04:222022-02-11
The respondents, Mélanie Ste Marie, Michel Ste Marie, Dax Ste Marie and Richard Felx, were charged with conspiracy to launder proceeds of crime, laundering proceeds of crime, and commission of an offence for a criminal organization. In the Court of Q... 0:002:27:262022-02-10
The respondent, Marc-André Boulanger, faced four charges laid under, among other things, the Controlled Drugs and Substances Act. The Court of Québec granted the respondent’s motion for a stay of proceedings for unreasonable delay under s. 11(b) of t... 0:001:20:222022-02-10
(PUBLICATION BAN IN CASE)In 2002, G was found not criminally responsible by reason of mental disorder on charges of sexual assault and other charges. In 2003, G was given an absolute discharge by the Ontario Review Board. However, pursuant to Christo... 0:002:42:462022-01-27
Ashley Suzanne Barendregt v. Geoff Bradley Grebliunas The parties were married in 2013 and separated in 2018 and have two children, ages 7 and 5. In December 2019, the trial judge granted the appellant’s application for primary residence of the child... 0:001:51:052022-01-27
Ashley Suzanne Barendregt v. Geoff Bradley Grebliunas The parties were married in 2013 and separated in 2018 and have two children, ages 7 and 5. In December 2019, the trial judge granted the appellant’s application for primary residence of the child... 0:003:57:272022-01-20
The parties entered into a partnership agreement and a guarantee and cross indemnity agreement. The partnership, Peace River Hydro Partners, commenced work. It subcontracted some work to Petrowest Corporation and its affiliates pursuant to purchase o... 0:002:45:032022-01-19
The Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) administers the right to “communicate” musical works on behalf of copyright owners. It filed proposed tariffs for the communication to the public by telecommunication of work ... 0:002:38:342022-01-16
The respondent, a private company, was issued a statement of offence under the Quebec Building Act for carrying out certain construction work as a contractor without holding a current licence for that purpose. Under s. 197.1 of the Act, the penalty f... 0:002:38:012022-01-14
(PUBLICATION BAN)The appellant was charged in August 2013 with a number of sexual offences. In November 2017, he sought a stay of proceedings due to a breach of his s. 11(b) Charter right to trial within a reasonable delay. The trial judge found that... 0:001:02:222022-01-14
(PUBLICATION BAN)The respondent, Mr. Goforth, and his wife were jointly charged with the second-degree murder of a four-year-old child they had been fostering (“older child”), and with unlawfully causing bodily harm to a second two-year-old foster ch... 0:001:06:102022-01-14
(PUBLICATION BAN IN CASE)In February 2011, the respondent, J.F., was charged with several offences involving sexual acts committed between 1986 and 2001. While judgment was reserved, the Supreme Court rendered its decision in R. v. Jordan, 2016 SCC 2... 0:002:39:012022-01-12
The Council of Canadians with Disabilities and two plaintiffs commenced an action claiming that provisions of mental health legislation in British Columbia infringe s. 52 of the Constitution Act, 1982 and ss. 1, 7 and 15 of the Canadian Charter of Ri... 0:002:02:432022-01-12
Two corporations implemented a plan devised by a tax professional to protect corporate assets from future creditors. The plans were intended not to incur income tax liability. In part, the plans involved each corporation issuing dividends to a newly-... 0:002:04:242022-01-10
Mr. Chhina was placed in immigration detention pending deportation from Canada. The Immigration and Review Board held 12 reviews of his detention and each time ordered continued detention. After 10 months, Mr. Chhina applied to the Court of Queen’s B... 0:003:15:012022-01-07
Canadian Charter of Rights and Freedoms – Right to be tried within a reasonable time – How is the issue of institutional delay to be weighed in a s. 11(b) application? – Canadian Charter of Rights and Freedoms, s. 11(b).Between March and December 200... 0:005:18:552021-12-30
Legislation - Interpretation - Constitutional law - Supreme Court of Canada - Appointment of judges - ReferenceThe Honourable Justice Marc Nadon was appointed to the Supreme Court of Canada on October 3, 2013, to fulfill the requirements of s. 6 of t... 0:004:14:122021-12-23
Constitutional law - Charter of Rights - Right to life, liberty and security of person - Fundamental justice - Remedy - Crown prerogative in matters of foreign relations - Interviews conducted in Guantanamo Bay by Canadian officials who knew that Can... 0:004:00:472021-12-17
Following their separation, Isabelle Bisaillon and Michel Bouvier attended five mediation sessions and then signed the standard agreement proposed by the Association de médiation familiale du Québec at the start of the process, which provided in part... 0:002:06:112021-12-10
Following a jury trial, the respondent, William Victor Schneider, was convicted of second degree murder and interfering with a body after death, contrary to ss. 235(1) and 182(b) of the Criminal Code, R.S.C. 1985, c. C-46.Before the Court of Appeal, ... 0:001:03:092021-12-09
At trial before judge alone, the appellant, Mr. Sundman, was acquitted of first degree murder but convicted of the included offence of second degree murder. The trial judge found that Mr. Sundman could not be convicted of first degree murder pursuant... 0:001:06:492021-12-07
The body of a murdered man was discovered in a ditch. He had been fatally shot in the head. The police determined that Mr. Tessier was a friend and business associate of the deceased. They asked him for an interview with intent to ascertain the victi... 0:002:31:432021-12-07
Beaver Lake Cree Nation filed a claim against Alberta and Canada in 2008, seeking various declarations of rights, injunctions, and damages for the cumulative effects of resource developments allowed on their traditional lands protected by Treaty 6. T... 0:003:01:152021-12-07
(PUBLICATION BAN IN CASE)The appellant, Mr. Kirkpatrick, was charged with sexual assault. The complainant told the appellant that she insisted on condom use during sexual intercourse. They engaged in intercourse on two occasions, but on the second oc... 0:002:45:072021-12-06
The respondent was found guilty by a jury of second-degree murder. Shortly after the killing of the victim, police obtained a warrant to search the respondent’s house, and he was asked to voluntarily provide a statement to police while the search was... 0:001:27:182021-12-06
The respondent, Patrick Dussault, was arrested for murder and arson. Before his trial, he moved to exclude from the evidence an incriminating statement he had made to the police while being questioned; the reason he gave was that the statement had be... 0:002:15:342021-12-06
Charter of Rights - Criminal law - Right to counsel - Whether the Court of Appeal erred in holding that s. 10(b) of the Canadian Charter of Rights and Freedoms does not require the police to suspend further questioning a detainee who has exercised hi... 0:002:31:262021-12-06
Charter of Rights - Criminal law - Right to counsel - Whether the Court of Appeal erred in holding that s. 10(b) of the Canadian Charter of Rights and Freedoms does not require the police to suspend further questioning a detainee who has exercised hi... 0:003:24:162021-11-29
The issue in dispute is whether, during the 2001 to 2005 and 2008 and 2010 taxation years, the income of Glenhuron Bank Limited (“GBL”), a bank licenced in Barbados, was foreign accrual property income (“FAPI”) pursuant to ss. 91 and 95 of the Act. I... 0:002:20:422021-11-24
Charter of Rights - Criminal law - Search and seizure - Reasonable expectation of privacy - Digital recording ammeter - Exclusion of evidence pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms - Whether the majority of the Court of A... 0:002:53:232021-11-22
The respondent, a resident of Luxembourg, claimed an exemption from Canadian income tax under Article 13(5) of the Canada-Luxembourg Income Tax Convention 1999 (Treaty) for a large capital gain arising from the sale of the shares of its wholly-owned ... 0:002:11:572021-11-18
Steven Devecseri was insured by the respondent Royal & Sun Alliance Insurance Company of Canada (“RSA”) under a standard motor vehicle policy. Under this policy, Mr. Devecseri was prohibited from operating a motorcycle with any alcohol in his bloodst... 0:001:49:082021-11-15
(PUBLICATION BAN IN CASE)On December 22, 2016, the appellant, Mr. Albashir, was charged with several offences related to his operation of a commercial trade, including living on the avails of prostitution contrary to s. 212(1)(j) of the Criminal Cod... 0:002:11:262021-11-12
In 2016, the respondent, Mr. Vallières, was convicted by a jury of offences relating to fraud, trafficking and theft of maple syrup from the Fédération des producteurs acéricoles du Québec. The proceeding that led to this appeal concerned the sentenc... 0:002:22:112021-11-12
The appellant attended a party where he consumed alcohol and magic mushrooms. While intoxicated, he broke into two homes. In the first, he beat the lone occupant with a hard object, causing her serious injuries. In the second, he caused damage to pro... 0:002:19:522021-11-09
This case arises from disciplinary proceedings pursued by the appellant, the Law Society of Saskatchewan (“LSS”), against the respondent lawyer, Peter V. Abrametz. Those proceedings, which began with an audit investigation initiated in 2012, resulted... 0:003:17:112021-11-08
A police search of Mr. Parranto on arrest and searches of his residence found fentanyl, other drugs, cash, weapons and drug paraphernalia. Mr. Parranto pleaded guilty to 8 offences including two counts of wholesale trafficking in fentanyl. On the two... 0:003:02:572021-11-05
The appellant was jointly charged and tried by a jury with his co-accused of possession of a loaded restricted firearm. It was alleged that the appellant had brought the firearm to a nightclub and used it to threaten a security guard (“witness”) at t... 0:001:02:56