Latest news with #CrownAttorney
CBC
07-07-2025
- CBC
Human trafficking case ends on 'significant disclosure issue,' Hamilton Crown drops charges
Social Sharing On the day a month-long trial for a man accused of "significant" human trafficking was set to begin, the Crown's case fell apart over a technicality. Christian Vitela, 37, and his defence lawyer had not received all disclosure or evidence related to the case in the years leading up to the criminal trial, assistant Crown attorney Heather Palin said on April 23. "There was a significant disclosure issue, which crystallized late last week, which had potential implications to derail the [trial]," Palin told Ontario Court Justice Stephen Darroch. Vitela hadn't accessed all phone records of the migrant workers he was charged with trafficking — the phones had been seized by the RCMP and were "typically core disclosure in human trafficking prosecutions," said Vitela's lawyer, Tobias Okada-Phillips. The RCMP, which initially laid nine human trafficking charges against Vitela in 2019, have a different version of events. It includes that they notified Vitela on several occasions that the information was available, and set up a room and computer for him to view the materials, but he never showed up. The RCMP told CBC Hamilton in an email in June that they don't comment on decisions made by prosecutors, but "the core disclosure that was required to prove the charges … was provided to the defence well in advance of the scheduled trial dates." In the end, the Crown found the issue substantial enough to cancel the trial, with the judge's approval, and after reaching a plea agreement with Vitela. The Attorney General of Ontario declined to comment further. The joint RCMP and Canada Border Services Agency (CBSA) investigation that began in 2018 involved multiple agencies — including federal immigration officials, and Ontario, Hamilton, Peel, Niagara and Waterloo police — with law enforcement saying they worked together to "combat crime and ensure the safety of all our citizens." In May, CBSA said the arrests and sentencing reflected an "unwavering commitment to preserving the integrity of Canada's immigration system." Human trafficking is one of the fastest-growing crimes worldwide, says the Ontario government, which has a strategy and funding in place for police investigations and a special Crown team to "hold offenders accountable through vigorous prosecutions." 80 people found living in 'sub-standard conditions' In 2019, RCMP charged Vitela for the more serious crime of human trafficking along with five other people on similar charges. Police said in a news release that they'd found about 80 people from Mexico "subsiding in sub-standard conditions" across multiple properties, including a dozen in Vitela's Milton, Ont., home. But this spring, Vitela admitted to the lesser charge of employing foreign nationals without authorization and was sentenced to two years of probation. He was also granted a conditional discharge, meaning he won't have a criminal record if he fulfils the probation requirements. Vitela gave the migrant workers, who didn't have work permits, jobs through his employment agency, Palin said, reading from a joint submission agreed to by the defence. Vitela would arrange their transportation to and from job sites across the Golden Horseshoe, including recycling and meat packing plants, greenhouses, and flower, fruit and mink farms, said Palin. Work conditions were, at times, gruelling. Vitela collected payments from those businesses and paid the workers, minus rent and other expenses. Two workers received less money from Vitela than they'd expected, said Palin. The RCMP told CBC Hamilton in an email last month that "conditions of control were in place at the Vitela residence." "The victims reported that they were forced to give up their travel documents and were not allowed outdoors when they were at the residence," investigators said. Human trafficking is a "modern-day form of slavery," says Public Safety Canada's website. It involves recruitment, transportation, harbouring and exercising control over people through forced labour. The maximum sentence for someone found guilty of human trafficking is life imprisonment. At the hearing in April, Vitela apologized "for not screening and vetting" two people who worked for him "over six years ago for a couple of weeks." The judge recognized the "significant impact" the charges have had on Vitela's life, including on his business and ability to travel. "Having charges hanging over someone's head for so long can have a significant deterrent effect on someone," said Darroch. "I hope that's the case for you." The RCMP charges against Vitela's mother were also withdrawn. Case connected to other trafficking crimes in Hamilton Vitela was connected to two people in Hamilton who were also charged with human trafficking in the RCMP investigation: Miurel Bracamonte and Mario Roca Morales, said Palin. Bracamonte, 47, picked up and transported workers to job sites, arranged by Vitela and Roca Morales, and went on to run her own employment agency, said assistant Crown attorney Jim Cruess at a hearing in February 2023. "I did give them a job — I am guilty of that," Bracamonte told the court. She pleaded guilty to employing foreign nationals without authorization, and was sentenced to four months of house arrest and eight months probation. "The allegations against Miurel was that she was a secondary player in the group," said Cruess in 2023. "The most serious of them are against Mr. Roca [Morales] and Mr. Vitela." Roca Morales, 52, pleaded guilty to three counts of human trafficking in February 2024 and was sentenced to 8½ years in prison. The facts of his case were laid out in a joint submission filed with the court and seen by CBC Hamilton. The six people from Mexico entered Canada through Montreal and Toronto airports in 2018 and 2019, and worked for Roca Morales while living in squalid conditions in Hamilton. He determined their pay, how much they supposedly owed him and delayed payments. He would verbally berate and threaten to physically harm them, take away their jobs or housing, or have them arrested, while dressing in camouflage and at times carrying a gun, said the joint submission. He sexually assaulted one of the women and told others he wanted to impregnate them, it said. Another woman who lived in his apartment said she was "fearful the whole time ... as he was always drinking and violent toward his wife," the court document said. Roca Morales restricted when they could bathe, when they could go outside and what they could eat. Upwards of 12 people would live in one of his houses at a time, which were infested with bedbugs, cockroaches and mice. One man "opened the fridge and saw cockroaches pour out of the crisper," said the joint submission. At his sentencing hearing, Roca Morales called some of the victims "criminals" and told the judge to "f--k off."
CTV News
26-06-2025
- CTV News
American man pleads guilty to striking woman with his car in Windsor
An American man has pleaded guilty to striking a woman with his car in Windsor. Shermere Coulston-Hawkins, now 24, pleaded guilty to dangerous driving causing bodily harm and choking. From Philadelphia, Coulston-Hawkins had also been charged with attempted murder, forcible confinement and leaving the scene of an accident. On the evening of Dec. 23, 2023, the victim was struck by a car near Riverside Drive and Ferry Street. Police say however the woman had been previously assaulted by the man at a different location. '(Coulston-Hawkins) choked (the victim),' Assistant Crown Attorney Zach Battiston told the court Thursday. 'He ultimately struck (the victim) with his car and caused her injuries. And he just left her there.' Victim Injuries The woman describes her injures as 'extremely devastating', including head trauma and broken teeth. 'It is only by God that I am able to be present today considering I woke up unconscious after being struck by the offenders' vehicle,' the woman wrote in her victim impact statement. She has been diagnosed with a concussion, cognitive impairment and suffers migraines. The woman has undergone two surgeries and a bone graft. 'I live with a constant fear for my safety. I am no longer normal,' the woman wrote. Accused apologies At his sentencing hearing Thursday, Coulston-Hawkins apologized for his actions. 'I never intended to come to Canada and cause any problems,' Coulston-Hawkins told Justice Kelly Gorman. 'I intended to have a great time with (the victim) and spend quality time with her.' Court learned Coulston-Hawkins turned himself in to a police officer at the hospital when he tried to search for where she was taken the next day, Dec. 24, 2023. He has been in custody ever since. Coulston-Hawkins says he has been a 'model inmate' while incarcerated and he has 'taken advantage' of courses offered in jail and has found God. 'I'm severely sorry for the trauma that has been inflicted on (the victim) and her family. Lawyers differ on sentence Defence lawyer Evan Weber is asking for a jail sentence of 18 months, noting Coulston-Hawkins is a first-time offender in Canada and the United States and is likely to be deported when his sentence is served. The Crown on the other hand, is asking for a prison term of four to eight years. Justice Gorman will sentence Coulston-Hawkins on Aug. 6.
CBC
23-06-2025
- Politics
- CBC
Closing arguments in Toronto councillor sexual assault trial focus on credibility of witnesses, accused
The sexual assault trial of Toronto councillor Michael Thompson resumed for its final day of closing arguments with both his lawyer and the Crown attorney prosecuting him accusing each other of presenting false, agenda-driven narratives about a cottage trip involving the former deputy mayor and multiple women. The two sides presented their closing arguments in the judge-alone trial at a court in Bradford, Ont., where Thompson is facing two charges of sexual assault for alleged incidents involving two women at a Muskoka cottage over Canada Day weekend in 2022. One woman previously testified that Thompson touched her inappropriately while applying sunscreen, while the other said he forced himself on her in the middle of the night. Thompson has pleaded not guilty to both charges. Thompson's lawyer, Leora Shemesh, argued in her closing statement that the Crown's witnesses — the two complainants and a third woman present at the cottage that weekend — were not credible or consistent in what they told the court and police. The identities of the witness and two complainants are protected by a court-ordered publication ban. Defence lawyer argues women conspired to make up allegations Shemesh argued the three women conspired to fabricate allegations against Thompson. She said there were inconsistencies in their stories, including when the witness and second complainant said they were told specifics about the alleged molestation of the first complainant, though the first complainant later testified those discussions never happened. "That should be the title of this script: Me Too, even though it's untrue," Shemesh told the court. "This was a witch hunt for Mr. Thompson and it was, and is, painfully obvious." Shemesh said the second complainant also couldn't remember whether Thompson had put his penis in her mouth when he allegedly forced himself on her, and the morning after, they had breakfast together and cleaned up as if nothing had happened. "The truth is not difficult, but to perpetuate and participate in a lie is difficult," she said. Shemesh also said the Crown repeatedly used objections to shield witnesses from tough questions. While Shemesh said it isn't the defence's responsibility to explain a motive for the women to lie, she argued the witness had been upset after she'd asked Thompson for financial help with her schooling, and he declined. Shemesh called her an "opportunist." Crown argues Thompson was inconsistent In her closing argument for the prosecution, Crown attorney Mareike Newhouse argued the women hadn't colluded, saying the second complainant went to the police alone, and the other two women were notified about her accusation by the authorities. The Crown witness and both complainants were compelling in their testimonies, Newhouse said, and honest errors of memory are possible. "That would actually be suspicious, I would suggest, if they were perfectly consistent with each other, if there were no differences or inconsistencies across evidence," Newhouse said. Newhouse said it was Thompson who had his own agenda during the trial, being more concerned with "the image he was displaying of himself in court than telling the truth." Newhouse argued Thompson was repetitive and rehearsed when speaking to the court, and exaggerated stories that put him in a positive light. She also said Thompson's testimony was inconsistent. He described to the court a weekend full of alcohol and cannabis, Newhouse noted, but also said no one ever appeared intoxicated. All three women told the court they'd experienced some level of intoxication, with one complainant saying she was so drunk she dropped a bottle in the lake and didn't remember where she'd fallen asleep. The defence had also argued that the witness's mood had soured after Thompson rebuffed her request for money, Newhouse said, but when Thompson had been asked on the stand whether anyone appeared uncomfortable at any point over the Canada Day weekend, he had said no. A court date for judgment in the case has been set for Sept. 16 in Midland, Ont.
National Post
14-06-2025
- Sport
- National Post
Players failed to confirm woman's consent, Crown says as closing arguments end at Hockey Canada trial
'Myths and stereotypes' about sexual assault shouldn't have had a place at the trial of five 2018 Team Canada world junior hockey players, but the Crown on Friday said they have taken centre stage. Article content At the end of the prosecution's lengthy closing argument, Crown attorney Meaghan Cunningham said the defence teams' strategies relied heavily on attacking the credibility of the 27-year-old woman who says she was sexually assaulted in a London hotel room seven years ago – instead of addressing evolving legal standards around consent. Article content Article content 'Relying on myths and stereotypes to discredit sexual assault complainants is an error of law,' Cunningham said to Superior Court Justice Maria Carroccia. Article content Article content The Crown has argued the men who had sexual contact with the woman inside Michael McLeod's room at the Delta Armouries hotel in London on June 19, 2018, did not obtain the legal consent and should be found guilty. However, Cunningham said the defence leaned on victim-blaming, painting the woman – who was 20 at the time – as someone who 'abandoned restraint' and offered sex to the men in Room 209. Article content Cunningham said it is a stereotype that 'women signal their sexual availability by drinking and going out and getting drunk and dancing and flirting on the dance floor, that all of these things make it more likely that she also chose to engage in sexual activity with the men back at the hotel. Article content 'It's not only a myth, but I submit it is not what happened here on the evidence.' Article content McLeod, 26, Carter Hart, 26, Dillon Dube, 26, Alex Formenton, 25, and Cal Foote, 26, have each pleaded not guilty to sexual assault. McLeod has also pleaded not guilty to a second charge of sexual assault for being a party to the offence. Article content Article content The case surrounds a night of partying in London on June 18 and 19, 2018, when the Canadian world junior team was in the city for a Hockey Canada gala and golf tournament celebrating the team's gold medal months earlier. Article content McLeod and the woman met at Jack's bar on Richmond Row and returned to his hotel room for consensual sex. What happened after is at the heart of the trial. Article content The woman has testified that when she emerged naked from the bathroom, she found a group of players in the room invited by McLeod for sexual activities. Article content Along with being drunk, the woman said she had a trauma response and felt her mind separate from her body to cope with the demands of the men who directed her to participate in several sexual activities. The Crown says the woman was vulnerable, outnumbered and went along with what happened. Article content The defence has pointed to the woman as the aggressor and instigator of the sexual activity, first masturbating in front of them while on a bedsheet spread on the floor, then begging and taunting the men for sex. Some took her up on her offers and insist she consented to the activities.
CBC
13-06-2025
- CBC
Closing arguments underway in trial of man accused of murdering Pat Stay
Social Sharing By process of elimination, there's only one person who could have possibly stabbed Pat Stay at a downtown Halifax bar nearly three years ago, a Crown attorney told a packed Dartmouth courtroom Friday. Prosecutor Tanya Carter delivered her closing arguments in the second-degree murder trial of Adam Drake, 34, who is accused of fatally stabbing the battle rapper at the Yacht Club Social in the early hours of Sept. 4, 2022. Carter spent most of the day using surveillance footage and still images from the bar that night to trace the steps of several people who were in the VIP section with Stay when he was stabbed. There were eight other people around Stay, the Crown attorney said, and she argued each of them could be ruled out as a suspect by considering where they were standing and their behaviour before and after that moment. "That only leaves Adam Drake," Carter told the Nova Scotia Supreme Court jury. Video surveillance of the moment Stay was stabbed had previously been shown to the jury in the trial and was played again several times on Friday. The video shows Stay, who has his back to the camera, getting into an altercation with someone soon after approaching a group of people in the bar. Stay then turns away from the group and toward the camera, revealing his blood-soaked shirt, before he stumbles to the floor and makes his way out of the bar. He collapsed on the street outside the nightclub. WATCH | Closing arguments underway in trial of man accused of murdering Pat Stay: Crown makes closing arguments in killing of Pat Stay 2 hours ago Duration 1:32 A knife isn't seen in the surveillance video, but Carter argued it does show Drake thrust toward Stay. The blood splatter at the scene indicates the stabbing had to have occurred from the direction where Drake was standing, she argued. Carter said she was going through the surveillance video, sometimes frame by frame, to show the jury what they should be looking for when scrutinizing the evidence during their deliberations. Drake also threatened Stay on social media weeks before that night, she said, and he removed pictures of himself at the bar that night from his Instagram account to try to hide the fact he was there. Drake has pleaded not guilty in the case. Defence lawyer Michael Lacy, who didn't submit any evidence during the trial, is scheduled to deliver his closing arguments on Monday. Justice Scott Norton is expected to give the jury instructions on Tuesday before they begin deliberating a verdict.
