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  • R. v. Strykowsky, 2019 MBPC 24

    [1]          Mr. Strykowsky is charged with having care and control of a motor vehicle while his ability to do so was impaired by alcohol, and while his blood alcohol level was above the legal limit of .08.

  • R. v. Arrojado, 2019 MBPC 25

    [1]          This weekend’s Globe and Mail newspaper contained a feature investigative article about the pressing problem of foreign workers falling prey to illegal recruitment rackets run by unscrupulous immigration consultants. The story told of workers coming to Canada after paying large sums to fraudulent consultants, only to find no jobs, or different, lower-paying jobs, and abysmal living...

  • R. v. Cvitan, 2019 MBPC 21

    [1]          Mr. Cvitan is charged with impaired driving and driving over .08, arising from a police Check Stop after a Blue Bombers game in Winnipeg on July 28, 2018. He has brought a motion alleging that police did not have grounds to demand the initial screening breath sample from him, they did not use the required protocols to ensure the accuracy of the result and they did not provide him...

  • R. v. Cook, 2019 MBPC 16

    [1]          Mr. Cook is charged with impaired driving, refusal to provide a breath sample and breach of a condition of his probation to abstain from drinking. He brought a motion alleging that his s. 8 and 10(b) Charter rights were breached, rendering his arrest illegal and any evidence flowing from the breaches inadmissible. All evidence in the trial was heard in the context of a voir dire to...

  • R. v. D.S., 2019 MBPC 9

    [1]             In September 2016, members of the R.C.M.P., Integrated Child Exploitation unit, began to receive reports from their American counterparts of images of child pornography uploaded from computers in the Swan River area. The R.C.M.P. launched an investigation and on January 28, 2017, executed a search warrant at the accused’s residence and place of employment. Interviews with A.L.,...

  • R. v. Gordiev, 2019 MBPC 8

    [1] At the conclusion of a trial, I found Ms. Gordiev guilty of driving while impaired. Her impairment resulted from prescription sleeping medication, zoplicone, which she ingested after consuming alcohol. Ms. Gordiev then drove resulting in a collision with another vehicle. Fortunately, no one was seriously injured.

  • R. v. K.I., 2019 MBPC 13

    [1]             The accused is charged with sexual assault and sexual interference. At the time the alleged incidents were reported to police the complainant was eight years old. At the time she testified at trial she was nine years old. The allegations involved a number of incidents occurring between the summer of 2016 and January 30th, 2017. The alleged last incident date was January 30th, 2017.

  • R. v. H.J.R., 2019 MBPC 12

    [1]          This is a Crown application for an adult sentence. The young person, H.J.R., was convicted after trial of a series of offences committed on September 15, 2017, the details of which are set out in R. v. H. J. R, 2018 MBPC 40. Pursuant to s. 64(1) of the Youth Criminal Justice Act (“YCJA”), Crown counsel applies to have H.J.R. sentenced as an adult on the most serious of those offences,

  • R. v. Adriaenssens, 2019 MBPC 10

    [1]             Chevy Adriaenssens stands charged with impaired driving (Criminal Code s. 253(1)(a)) and public mischief (Criminal Code s. 140). The charges arise from an incident on November 12, 2017 when Adriaenssens’s motor vehicle was involved in a suspected impaired driving collision and the driver fled before police arrived on scene. Adriaenssens denies being the driver of his vehicle,...

  • R. v. Karpluk, 2019 MBPC 5

    [1]          This case gives rise to the thorny issue of eyewitness identification, where twins are involved.

  • R. v. Penney, 2019 MBPC 7

    [1]             This case involves an undercover sale of drugs. The only witness who was able to identify the accused was the officer who arranged and participated in the late evening dial-a-dealer style transaction. This officer later identified the accused via an internal photo lineup procedure that was conducted about a week after the purchase transaction. The officer also identified the...

  • R. v. McKay, 2019 MBPC 11

    [1]          Mr. McKay pleaded guilty to manslaughter for the stabbing death of his cousin Sean McKay on July 6, 2017 in Garden Hill First Nation. He also pleaded guilty to failing to comply with a condition of his recognizance that occurred in Winnipeg the month before, on June 8, 2017, and a further recognizance breach that occurred when he left the Behavioural Health Foundation on August 8, 201

  • R. v. Swerdyliak, 2019 MBPC 6

    [1]           This is a decision on a voir dire respecting the admissibility of evidence of “discreditable conduct” on the part of the accused.

  • R. v. Andrade, 2019 MBPC 4

    [1]          On October 11, 2017, the accused was stopped by a Winnipeg Police Service (WPS) officer for a Highway Traffic Act (“HTA”) infraction. After a roadside investigation and search, the accused was charged with possession for the purpose of trafficking cocaine. 

  • R. v. Eisbrenner, 2019 MBPC 3

    [1]          Lisa Eisbrenner was convicted, as a registered owner of the vehicle, passing a stopped school bus.  She and her representative, Mr. Sweryda failed to appear for a Charter motion they filed, seeking to have those charges stayed.  The presiding judge dismissed the motion.  She filed a further motion seeking to have the dismissal set aside or to re-activate her original motion. 

  • R. v. TRAVERSE, 2019 MBPC 15
  • R. v. OSNACH, 2019 MBPC 1

    [1]             This is the sentencing decision of Lenny Osnach.  The main issue to be addressed is whether the mandatory minimum one-year driving prohibition imposed under s. 259(1) of the Criminal Code may be reduced on account of time spent under a three-month provincial administrative suspension.

  • R v Chartrand, 2018 MBPC 48

    [1] As a result of two separate searches executed by Winnipeg Police on May 9 and 11, 2017 at the address 133 Stanier Street in Winnipeg, the accused was charged with a variety of drug related offences including possession for the purpose of trafficking in:

  • R. v. Branconnier, 2018 MBPC 50

    [1]          Mr. Branconnier was convicted of manslaughter in the death of Wayne Harper after trial.

  • R. v. Catcheway, 2018 MBPC 49

    [1]          On November 22nd, 2016, the accused was charged with assault with a weapon contrary to Criminal Code s. 267(a). Following the initial appearances, discussions between counsel necessitated a series of remands until the matter was set for trial. Prior to the trial date, the accused entered a guilty plea and a Pre-Sentence Report with a Gladue component was...

  • R. v. Gordiev, 2018 MBPC 47

    [1] Michelle GORDIEV is charged with impaired driving arising from a collision with another vehicle. She testified, admitting impairment of her ability to drive by prescription sleeping pills but denying her actions were voluntary or intentional.

  • R. v. McKnight, 2018 MBPC 42

    [1]          Mr. Robert McKnight pleaded guilty that on March 22, 2014, he possessed cocaine for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act (“CDSA”).  He admitted that he sold 3 grams of cocaine to an undercover police officer for $230. After the transaction, the vehicle he and a co-accused were in was stopped by police, and

  • R. v. Amsel, 2018 MBPC 46

    [1]          On May 17, 2018, Mr. Amsel was convicted of offences relating to two separate time frames: December 13, 2013 in Narol, Manitoba and July 3-5, 2015 in Winnipeg Manitoba. After an adjournment to allow Mr. Amsel to obtain new counsel, I heard sentencing submissions on October 3, 2018. This is my decision on sentence.

  • R. v. Sutherland, 2018 MBPC 45

    [1]          Brett Sutherland (Sutherland) is before the Court for the sentencing of numerous Criminal Code (Code) offences committed between November 30 and December 1, 2016, specifically:

  • R. v. Dastagir, 2018 MBPC 44

    [1]          Chowdhury Dastagir has pleaded guilty to one count of voyeurism contrary to s. 162 of the Criminal Code. The issue for this Court is the appropriate sentence as well as the available ancillary orders when the Crown proceeds by summary conviction. 

  • R. v. Hourie, 2018 MBPC 41

    [1]           The accused Joshua Hourie faces a number of charges related to a break enter and robbery committed on January 13th, 2016.  The accused testified and has denied involvement in these offences.  This case involves the application of R. v. W.(D.), [1991] 1 S.C.R. 742 to the evidence of the accused, along with an assessment of the reliability of the ...

  • R. v. Sesay, 2018 MBPC 39

    [1]          On May 23, 2017, the accused broke into the victim’s residence and subsequently stabbed her multiple times. He was charged with break and enter as well as attempted murder in relation to this matter. He is also charged with robbery in relation to a motor vehicle he stole in order to escape from the scene of the incident. The accused does not deny...

  • R. v. Shammo, 2018 MBPC 38

    [1]          It was a snowy and slippery evening when the police decided that they would close out an ongoing dial-a-dealer investigation. It was determined in advance that a call would be made to the line, and whomever responded would be arrested. As it turns out, the police encountered a target vehicle associated with the investigation engage in behaviour they...

  • R. v. Ginter, 2018 MBPC 52

    [1]          Following an incident alleging domestic violence and a threat of suicide with guns, the police seized several firearms from the residence of Lucas Ginter, on March 4, 2017. The Crown has brought an application for disposition of the firearms and an order prohibiting Mr. Ginter from possessing any firearms for the maximum period allowed under the Criminal Code section, five years.

  • R. v. STAPLES, 2018 MBPC 34

    [1]          The Swan River RCMP received a dispatch call at 2:25 a.m. on September 10th, 2017, about a suspicious person who appeared to be unconscious in his vehicle. The officer who went out to investigate found the accused, apparently asleep in the driver’s seat, slightly twisted towards the wide open door.

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