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Hamilton Spectator
a day ago
- Hamilton Spectator
Hamilton surgeon has charges dismissed; now sues police for misconduct
Dr. Paul Missiuna had all charges dismissed or withdrawn in June 2024 when the court found testimony from the alleged victim to be unreliable. A Hamilton doctor who faced charges in relation to alleged historical sexual abuse had his charges dismissed midtrial following testimony from the alleged victim that the court found unreliable. In a separate action, he is suing Hamilton police for alleged wrongful arrest and malicious prosecution — allegations the Hamilton police services board and involved police employees deny, according to court documents that The Spectator recently obtained. Dr. Paul Missiuna, a surgeon who in specialized in pediatric orthopedic patients, was charged in August 2022 with several offences between 1994 and 2005 allegedly involving a person under 16. The victim and many details of the allegations cannot be reported because her identity is protected by a publication ban standard in sexual offence cases. However, The Spectator — having recently learned about the outcome of this case — can report that she was not a patient. In June 2024, the court dismissed the charges on the second day of the trial after the complainant's testimony, which included inconsistencies and evidence contradicted by other anticipated witnesses. Court heard the allegations were made based on repressed memories or dreams she claimed resurfaced amid therapy as an adult. The allegations also coincided with a time when the woman was angry with the Missiuna family for an unrelated reason. Following cross-examination by defence lawyer Jessica Read, assistant Crown attorney Matthew Moser invited the court to dismiss the charges. 'The Crown has a very limited role in engaging in a credibility and reliability assessment,' earlier in the court process, Moser said, adding that when there is a reasonable prospect of conviction, the Crown is obligated to continue. 'On the other hand, I've heard the complainant's evidence … and frankly, your honour, I can't make a good faith submission with respect, in particular, to the reliability of her evidence,' he said. 'I don't think it would be safe to leave it with this court.' Ontario Court Justice Stephen Brown agreed and dismissed the charges. Other charges were withdrawn. Through his lawyer, Missiuna declined to comment on advice from counsel due to the ongoing civil litigation. According to the statement of claim, Missiuna is suing the Hamilton police services board and three named police employees (one officer and two civilians) involved in his case for $1.5 million, plus lost wages, special damages, interest and tax. The claim, which has not been proven in court, asks for either $1 million in damages for 'unlawful arrest and detention, malicious prosecution, negligent investigation and abuse of process' or $1 million for breaching his Charter rights, plus an additional $500,000 for 'punitive, exemplary and aggravated damages.' Missiuna has been a licensed doctor since 1987 and practised in Hamilton since 1990. He operated a private practice, and had privileges at McMaster Children's Hospital and St. Joseph's Hospital. He also taught at McMaster University. After his arrest, he was placed on administrative leave from teaching, took a voluntary leave from practising at the hospitals, and the College of Physicians and Surgeons of Ontario (CPSO) launched an investigation, the statement of claim says. Missiuna's charges were publicized in The Hamilton Spectator after a community member noticed the charges and bail conditions on his CPSO profile and posted about them on social media. Other media also picked up the story. Police later laid an additional child pornography charge that led the CPSO to limit his ability to practice. (There are no longer any restrictions of notices on his CPSO profile). Missiuna claims police were negligent in how the allegations were investigated, including allegedly failing to properly consider what the complainant said 'when it was clear that portions of her evidence were incredible and incapable of belief by a reasonable person.' He alleges police also failed to interview relevant witnesses. 'Dr. Missiuna pleads that the actions of the defendants … were outrageous, high-handed and should attract the censure of the court,' the statement of claim says. As a result, he has suffered 'the stigma' of being charged with a very serious sexual offence against a child, 'mental anguish and humiliation,' incurred significant expenses — including legal expenses — and lost income. In a statement of defence from February, the police board and three named police employees deny the allegations, arguing that police 'carried out their duties conscientiously and properly and, therefore, are not liable for any damages allegedly sustained by the plaintiff.' When the complainant came forward to police, the investigating officer acted in 'good faith and on reasonable grounds.' They also deny the injuries that Missiuna claims. Hamilton police declined to comment further because the civil case is before the courts. Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@ Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Time of India
3 days ago
- Time of India
'Canada is a joke': Indian engineer spared from jail after trying to buy 'girlfriend experience' from 15-year-old because...
An Indian man in Canada arrested for trying to buy sex from a 15-year-old but no charge was pressed against him. An Indian engineer in Canada, Akashkumar Narendrakumar Khant, who admitted to trying to buy sex from a 15-year-old girl, was given a conditional discharge by an Ontario judge, Canada's National Post reported -- sparking major outrage on social media with many people finding it difficult to understand any logic behind the verdict. The judge granted a conditional release to the Indian man to help him and his wife with their immigration status, as a conviction would lead delay in getting Canadian citizenship, and the judge said since they are not citizens, the man should not be punished according to the law that's applicable to citizens. In a decision on June 25, Ontario Court Justice Paul Thomas O'Marra said, '...a conviction would lead to severe collateral consequences, such as jeopardizing his immigration status, delaying his citizenship, and preventing him from sponsoring his wife, which would likely result in their separation.' National Post reported that the conditional discharge includes three months of house arrest during which he can go shopping fr three hours every Sunday, attend religious services, medical appointments, and travel to and from work. Who is Akashkumar Khant ? What is the case? Khant immigrated to Canada from Gujarat, India, in 2019 to pursue a civil engineering degree. He got married in 2023 and his wife is in Canada on a work visa. In 2023, Khant contacted a sex trade advertisement that was created by the police to catch such offenders. During the conversation, the undercover police officer told Khant repeatedly that she was a 15-year-old girl. Khant was not discouraged but he hinted that if he got along with the 15-year-old well, then he would see her quite often. Then he purchased 'girlfriend experience" for $140 which included both oral and vaginal intercourse. When Khant reached the designated room, he was immediately arrested. The judge also noted Khant's above-average IQ, his first-time offender status, his modest and reserved nature and also his agreeing to take therapy. Canada's Aecon Group issued a statement distancing itself from accused Akashkumar and said he has not worked for Aecon dating back to before this particular incident took place.
National Post
10-07-2025
- National Post
Suspected animal attack leads to Ontario youth charged with attempted murder of girl
A 17-year-old male from Eastern Ontario has been charged with attempted murder and sexual assault with a weapon in connection with an attack on an eight-year-old girl at Quadeville, the Ontario Provincial Police said Wednesday night. Article content The OPP release also said that the youth remained in custody and was scheduled to appear before the Ontario Court of Justice at a later date. Article content Article content The investigation began shortly after 9 p.m. on June 24, when officers with the OPP's Upper Ottawa Valley detachment as well as the OPP Emergency Response Team and Canine Units responded to a report of a missing child in Quadeville, southeast of Barry's Bay and about 165 kilometres west of Ottawa. Article content Article content The canine unit located the eight-year-old just before 12:30 a.m. on June 25, 2025. The child, who had life-threatening injuries, was transported to the Children's Hospital of Eastern Ontario (CHEO) in Ottawa and, police said Wednesday night, remains under the care of medical professionals. Article content The cause of the victim's injuries was initially unclear, police said in the release. While early evidence suggested a possible animal attack, multiple pathology experts were consulted as part of the investigation, and recent testing of samples taken from the victim's wounds revealed no traces of animal DNA, the OPP added. Article content Article content Article content Wednesday evening's media release said the OPP planned to conduct a townhall meeting at Quadeville on Saturday, July 12, with more details about time and location to be provided before then. Article content 'The OPP acknowledges the community's concerns regarding this incident and sincerely appreciates the public's patience as the investigation progresses,' the release said. Article content
Global News
16-06-2025
- Global News
Worker at Toronto supervised injection site sentenced in connection with fatal shooting
Khalila Mohammed walked quickly out of the Ontario Court of Justice Monday afternoon in an effort to avoid being videotaped by a Global News camera, one hour after the judge told her she was being spared jail time. The 25-year-old former harm reduction worker, who pleaded guilty to accessory after the fact to the fatal shooting of Leslieville woman Karoline Huebner-Makarat last December, was given a conditional sentence of two years less a day in addition to 100 hours of community service. After enhanced credit for nine days in pretrial custody and 22 months of house arrest while awaiting sentencing, Mohammed has 529 days left to serve, which the judge decided will be served in the community. Ontario Court Justice Russell S. Silverstein ruled the first 300 days of the non-custodial sentence will be served under house arrest except to attend educational programming, employment, counselling, Good Life Fitness, for which she will be allowed two hours daily for travel and workout time, medical appointments, family emergencies and community service. Story continues below advertisement Mohammed will be subject to a curfew from 11 p.m. to 6 a.m. for the remaining 229 days. According to an agreed statement of facts read out in court last December, Mohammed helped one of the three men charged in relation to the fatal shooting escape detection by police. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'Accessoryship after the fact constitutes an interference with the administration of justice,' said Silverstein. 'It frustrates the legitimate investigation of the crime.' The facts state it is the theory of the Crown that on July 7, 2023, three alleged drug dealers, who were selling drugs outside the South Riverdale Community Centre on Queen Street, which operated a supervised drug injection site, got into an argument. One of the men could be seen on video surveillance pistol-whipping another man, before a third man robs the second man of his satchel. Moments later, there was an exchange of gunfire, and Huebner-Makurat, a wife and mother to two young children, was struck by a stray bullet. The bullet went into Huebner-Makurat's back and through her liver, kidney and aorta, killing her. Mohammed admitted that after the shooting, she escorted one of the accused shooters, Ahmed Ibrahim who was injured, into the health centre. She also provided Ibrahim with new clothes because his clothes were bloody, helped him out of the South Riverdale Health Centre and to get an Uber out of the area. Story continues below advertisement The facts also state that text messages between Mohammed and Ibrahim obtained by police establish that 'the two had a close relationship that blossomed into a romance immediately after the shooting.' In those messages, Mohammed suggests to Ibrahim that he 'stay away for a while' to avoid being arrested by police. After suspect images were released by police, Mohammed texted Ibrahim to 'get out of the city' and 'lay low,' assuring him his bloody clothes were 'tucked away' and 'gone'. According to the facts, Mohammed also assures Ibrahim that 'the way the surveillance cameras at the site are positioned, they would not have captured the shooting, showing an awareness on her part of Ibrahim's involvement in the shooting'. In handing down his sentence, Silverstein said the general range is extremely broad for cases like this, from between 18 months and 3.5 years. Denunciation and general deterrence being the principal factors, the judge said as a youthful first-time offender, the principles of rehabilitation and restraint also apply. Along with the conditional sentence and community service hours, Mohammed was given a weapons ban and ordered to give a DNA sample. She is prohibited from having any contact with Huebner-Makurat's widow, parents, or any of the three accused in relation to the fatal shooting. The Crown said at the end of Monday's sentencing that all other charges were being withdrawn. Mohammed was also facing a charge of obstructing justice. Story continues below advertisement The trial for Ibrahim and Damian Hudson, the man police allege fired the bullet that killed Huebner-Makurat, is scheduled to begin this fall. Ibrahim is charged with manslaughter and robbery, while Hudson is charged with second-degree murder. A third man, Ahmed Ali, is wanted for manslaughter and robbery and remains at large.
CTV News
15-06-2025
- Politics
- CTV News
Half of Ontario's new judges assigned to northern regions
The Ontario Courthouse at 361 University Avenue in Toronto is photographed on May 2, 2022. (Christopher Katsarov/THE CANADIAN PRESS) The Ontario government has appointed 10 new judges to the Ontario Court of Justice, with half assigned to northern regions in an effort to bolster judicial resources in underserved areas. The appointments take effect June 16. Chief Justice Sharon Nicklas announced the assignments, which will send five judges to northern Ontario – Dryden, Thunder Bay, Sioux Lookout, and Kenora – while the remaining five will serve in southern jurisdictions, including Toronto, Brampton, Halton, and Newmarket. Northern appointees bring diverse expertise Justice Ghina Al-Sewaidi, assigned to Dryden, brings over three decades of legal experience, including work in immigration, family, and criminal law. Called to the Ontario bar in 1993, she has practiced at all levels of court, from the Ontario Court of Justice to the Court of Appeal. She has also held leadership roles at Legal Aid Ontario, including managing the Family Law Service Centre and acting as director of the Moose Jaw, Saskatchewan, office. A community advocate, she has provided pro bono services to Arabic-speaking newcomers and serves on the Toronto Lawyers Association board. She holds law degrees from the University of Buckingham and the University of Ottawa, with postgraduate studies in petroleum law. Justice Christian Andrew Vanderhooft, heading to Kenora, brings extensive prosecution experience from Manitoba, where he handled high-profile gang and firearms cases. Called to the bar in 2000, he has argued before the Supreme Court of Canada and worked in remote fly-in court locations. He has also volunteered with soccer organizations and charities like CancerCare Manitoba and Special Olympics. Justice Sean Ellacott, assigned to Sioux Lookout, has practiced law since 2002, handling dangerous offender hearings, Federal Court judicial reviews, and appeals at multiple levels. He founded Ellacott Law Office in Kingston and has taught at Queen's University Faculty of Law. His volunteer work includes Legal Aid Ontario's Prison Law Advisory Committee and community initiatives like the Kevin Dunbar Memorial Scholarship Fund. Justice Emily Suzanne Beaton will serve in Thunder Bay after a career spanning criminal defence and Crown prosecution. Called to the bar in 2010, she spent three years as an associate at John Rosen and Associates before joining the Peel Crown Attorney's Office, where she specialized in mental health prosecutions and diversion programs. She has also worked with the Peel Children's Aid Society on complex child abuse cases and served as vice chair of a legal clinic aiding low-income residents. A graduate of Dalhousie University's Schulich School of Law, she is also a recreational hockey coach. Justice Joelle Malette, also assigned to Thunder Bay, specializes in dispute resolution and civil litigation, including motor vehicle accidents and institutional sexual assault cases. Called to the bar in 2005, she later founded her own bilingual mediation firm and teaches at the University of Ottawa. A Law Society of Ontario bencher, she has adjudicated for multiple tribunals and previously led the Artemis Youth Centre in Timmins. Southern assignments The remaining five judges will serve in southern Ontario, with: Justice Trehearne and Justice DiMuzio are both heading to Toronto , and are both heading to , Justice Robichaud will serve in Brampton , will serve in , Justice Maund has been assigned to Halton , and has been assigned to , and Justice Elias will head to Newmarket. The appointments aim to address caseload demands across the province, with a particular focus on improving access to justice in northern communities.
