Quebec private security law doesn't apply to firms working in federal areas: court
In a unanimous judgment, the top court took issue with aspects of a licensing scheme established by Quebec's Private Security Act that effectively gives a provincial administrative body the final say on security activities that come under an exclusive federal power.
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Edmonton Journal
24-06-2025
- Edmonton Journal
Jamaican doing life for 'execution style' Ontario killing wins shot at 'faint hope' release
Article content A Jamaican man sentenced to life in prison for an 'execution style' killing north of Barrie in 2007 will get a shot at early release under Canada's 'faint hope clause.' Sean Lenworth Anthony Spence didn't pull the trigger, but he planned the murder of Jonathan Chambers over $52,000 Spence blamed him for losing in a drug deal Chambers arranged. Spence was convicted of first-degree murder and sentenced to life in prison with no chance of parole for 25 years for kidnapping and killing Chambers, who had introduced Spence to buyers who pretended they were in the market for 1.5 kilograms of cocaine, but then paid with fake money and escaped with the drugs. Article content After serving more than 15 years of his sentence, Spence applied to Ontario's Superior Court of Justice for a 'faint hope' hearing before a jury so he can ask that his parole ineligibility period be reduced. 'While it is ultimately up to a jury to determine whether or not Mr. Spence may apply for parole sooner than the 25 years imposed as part of his sentence, I cannot say that his application is doomed to failure. On a balance of probabilities there is a substantial likelihood that the application might succeed,' Justice Mark Edwards wrote in a recent decision out of Barrie. 'Mr. Spence's application is granted, and a jury shall be empaneled to hear his application.' Chambers was killed March 7, 2007. 'Two vehicles were stopped on the side of a country road north of Barrie,' said the judge's decision, dated June 18. Spence was in one vehicle. Four individuals, including Chambers, were in the other. Article content 'Mr. Chambers exited the vehicle and was then shot in the head by Andrew Turner. The two vehicles left the scene. Chambers was dead at the roadside. His body was discovered later that day,' Edwards wrote. 'Everyone in the two vehicles (was) eventually caught and charged. Three of the individuals pled guilty to manslaughter. One of the individuals pled guilty to being an accessory after the fact to murder. Mr. Spence was tried on a charge of first-degree murder in a judge alone trial. He was convicted on that charge and sentenced to the mandatory term of life imprisonment without eligibility for parole for 25 years.' The decision notes Spence had been sentenced to four years for a previous robbery where he used an imitation firearm and wore a disguise. Spence successfully appealed that conviction, but the Crown took his case to the Supreme Court of Canada and won on Dec. 2, 2005, restoring his conviction. Article content However, Spence was out on bail, awaiting the Supreme Court decision, and he went on the lam. It wasn't until September 2008 that he was arrested in the United States in connection with the killing of Chambers. While Spence did not pull the trigger, his trial left 'no doubt that the execution of Mr. Chambers was done at the direction of Mr. Spence. The killing of Mr. Chambers arose out of the loss of $52,000 that Mr. Chambers had caused, or had an inability to account for, to Mr. Spence,' Edwards said. 'Mr. Spence developed a plan that effectively resulted in the kidnapping of Mr. Chambers and getting Mr. Chambers into a car and then ultimately to the site of his murder.' In court documents, Spence often goes by the first name Lenworth, rather than his given forename of Sean. Spence was 'the driving force behind the drug deal that was catalyst to this murder,' reads a summary of the Crown's position. 'That Mr. Spence had a motive to kill as a result of the failure of said deal and that he ordered that Jonathan Chambers life be terminated as a way to save face and to send a message.' Article content Spence, 46, 'is not a Canadian citizen and if he is released, he is subject to a deportation order,' the judge said in his recent decision. Spence lived with his parents in Jamaica until he was 12, 'when he moved to Canada to live with his grandparents,' Edwards said. 'He was primarily raised once he was in Canada by his grandmother although he moved in with his father as a teenager.' His 2024 'psychological risk assessment report indicates that Mr. Spence's plans … would have him returning to Jamaica where his family apparently owns a farm controlled by one of his brothers. The same report indicates that Mr. Spence hopes to rebuild his life in Jamaica by working towards postsecondary education.' Spence stayed out of trouble in prison. 'There is no evidence that he has ever been subject to periods of disciplinary segregation,' said the judge. 'For all intents and purposes Mr. Spence has a clean discipline record which is in stark contrast to his criminal record prior to his incarceration.' Article content A psychological risk assessment from last year placed 'Spence in the low moderate to moderate risk category for general recidivism in the high-risk category for violent recidivism. Mr. Spence had a long-standing history of criminal behaviour and had a violent criminal history leading up to the current offence that occurred when he was 27 years of age.' Spence worked while in prison, furthered his education, and 'has also participated in a number of programs aimed at his rehabilitation,' said the decision. Spence 'has been active in his religious faith and a letter from Imam Habeeb Alli, the Muslim faith chaplain at the Beaver Creek Workworth Institution notes as follows: 'I am willing to engage with him on his understanding of the faith upon reintegration. Mr. Sean Spence is a caring person and remorseful of his previous crimes. I support him for faint hope clause as this will help them reintegrate into society as a law-abiding citizen earlier than the given date.'' Article content One of Spence's guards at Beaver Creek, Shirley Osei, has worked with him for about three years. 'Mr. Spence is described by officers as a model offender who exemplifies good behaviour and follows all institutional rules and policies. Spence has remained incident and charge free since I started working on his unit and is not seen as being a part of the offender subculture,' Osei wrote in a letter of support. 'Lastly, I strongly believe that Spence is a motivated individual who is doing whatever it takes to rehabilitate back into society and to return home to his family.' The court saw victim impact statements from Chambers' father, mother, sister, and brother. 'All of the statements speak to the continuing impact that the murder of Mr. Chambers has had on his family,' said the judge. The victim's mother, Nancy, told the court 'Jonathan's death left a void that can never be filled. How do you heal a broken heart is my question. The pain of losing him was heartbreaking. There is no escape from the memories of his absence from the holidays that he loved so much should have echoed, to the milestones he never reached. He was robbed of his future, and we were robbed of his presence.' Latest National Stories
Cision Canada
19-06-2025
- Cision Canada
B.C. court says fraudster's financial sanction will not be erased by bankruptcy
VANCOUVER, BC, June 19, 2025 /CNW/ - A $6.8 million financial sanction against a fraudster will not be extinguished if he is discharged from bankruptcy, a B.C. Supreme Court judge has ruled. The BC Securities Commission (BCSC), which ordered Thomas Arthur Williams to pay the sanction in 2016, had asked that the sanction remain enforceable even if all or most of his other debts are erased by discharge from bankruptcy. The judge granted the BCSC's application based on last year's ruling by the Supreme Court of Canada in another BCSC case. The Supreme Court of Canada said that a type of financial sanction known as disgorgement – an order to pay money representing the amount obtained or loss avoided by the wrongdoing – should survive bankruptcy if it was imposed for misconduct involving "false pretences or fraudulent misrepresentation." "There is a direct link between the disgorgement order debt and [Williams's] deceitful misconduct," the court said. A BCSC panel found in 2016 that Williams, who had been a registered mutual fund representative, was the mastermind of a Ponzi scheme that raised approximately $11.7 million from 123 investors between February 2007 and April 2010. The panel found that he committed fraud and violated securities laws concerning prospectus and registration requirements. Williams, who applied for bankruptcy in 2021, has not paid any portion of the $6.8 million disgorgement order. He opposed the BCSC's application to have the disgorgement survive discharge from bankruptcy, but according to the court, he "was unable to provide a reason for why the declaration should not be granted when given an opportunity to do so during the course of the hearing." Any funds collected for disgorgement can be returned to victims of the misconduct. This month's B.C. Supreme Court ruling was the first to use the Supreme Court of Canada's legal test for determining whether a financial sanction should survive discharge from bankruptcy. The Supreme Court of Canada, in that same 2024 ruling, said that administrative penalties – which are separate from disgorgement orders, and are aimed at deterring misconduct – are not enforceable after a discharge from bankruptcy. The court's 5-2 ruling was based on its interpretation of the federal Bankruptcy and Insolvency Act (BIA), which says that certain types of debts will not be erased after discharge. The court noted that Parliament could have drafted the BIA to expressly say that financial sanctions of regulatory bodies or administrative tribunals are exempt from bankruptcy discharge, but the BIA does not say that. In response to that ruling, the BCSC has been engaging with elected and appointed federal officials about adding securities regulators' financial sanctions to the BIA's list of debts that survive bankruptcy. In addition to the $6.8 million disgorgement order against Williams, the BCSC also imposed a $15 million administrative penalty. He has not paid any portion of that, either. Williams sought to be discharged from bankruptcy in 2023. The BCSC and the court-appointed trustee opposed that application, which was adjourned indefinitely. About the BC Securities Commission ( The BC Securities Commission, an independent provincial government agency, strives to make the investment market benefit the public. We set rules, monitor compliance by industry, take action against misconduct, and provide guidance to investors and industry. As guardians of B.C.'s investment market, we're committed to maintaining a market that is honest, fair, competitive and dynamic, enabling British Columbians to thrive. Learn how to protect yourself and become a more informed investor at
Winnipeg Free Press
17-06-2025
- Winnipeg Free Press
Developer in Parker Lands saga wants Supreme Court to decide whether city staff delayed project
A developer is asking the Supreme Court of Canada to cast a final decision on whether the City of Winnipeg should pay $5 million in damages over a finding its staff delayed a major housing project. In April, the Manitoba Court of Appeal overturned an order that the city pay the penalty due to a 2023 ruling that found two city employees deliberately stalled the Fulton Grove development. On Monday, an application filed in court on developer Gem Equities' behalf asked for permission to appeal the matter to the Supreme Court. Gem Equities proposed residential development on the Parker lands called The Fulton Grove project sought to create about 1,900 housing units on 47 acres of south Winnipeg land. 'The applicants ask that leave to appeal be granted with costs,' the document states. The developer is seeking a new ruling to ensure damages and legal costs are paid. It's expected to take months for the court to decide if it will consider the matter or not. The original July 2023 judgment that sparked the municipal government's appeal found two city employees liable for 'misfeasance in public office.' In April 2025, the appeal judge rejected that conclusion and found the city should no longer be held 'vicariously liable' for the delay. The 2023 ruling noted that 'misfeasance in public office' reflects a finding of deliberately disregarding public duties with knowledge 'misconduct was likely to harm the plaintiffs.' In the latest legal document, the developer's lawyer argues determining where misfeasance applies is a matter of national importance. 'The tort of misfeasance in public office is founded on the fundamental rule of law principle that those who hold public office and exercise public functions are subject to the law and must not abuse their powers to the detriment of the ordinary citizen,' it states. The Fulton Grove project aims to create about 1,900 housing units on 47 acres of south Winnipeg land surrounded by the CN Railway Rivers line and the southwest rapid transitway. In a brief statement, a city spokesman said the municipal government is aware of the Supreme Court request. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. 'We are preparing our response to the application through the court. As such, we have no further comment to provide at this time,' wrote David Driedger. Mayor Scott Gillingham declined comment, stating he was still reviewing the application. Kevin Toyne, the developer's lawyer, also declined comment. X: @joyanne_pursaga Joyanne PursagaReporter Joyanne is city hall reporter for the Winnipeg Free Press. A reporter since 2004, she began covering politics exclusively in 2012, writing on city hall and the Manitoba Legislature for the Winnipeg Sun before joining the Free Press in early 2020. Read more about Joyanne. Every piece of reporting Joyanne produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
