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Tuesday, 22 August 2023

Cultivating stability for children in the aftermath of divorce

 The Impact of Divorce on Children: Understanding and Mitigating Effects

Divorce is a significant life event that can have a profound impact on children's psychological well-being and development. This chapter delves into the effects of divorce on children, providing a comprehensive understanding of the various emotional, cognitive, and behavioral consequences they may experience. Furthermore, it explores strategies and interventions aimed at mitigating the negative effects of divorce on children, promoting resilience, and supporting their overall adjustment.

The Four Aspects of Successfully Managing a Bad Divorce: 

Section 1: Emotional Impact

1.1. Emotional turmoil: Divorce can trigger a range of emotional responses in children, such as sadness, anger, confusion, and fear. Understanding these emotions and their underlying causes is crucial in providing appropriate support and guidance during the adjustment process.


1.2. Loss and grief: Divorce involves the loss of the intact family structure, which can lead to feelings of grief and mourning for children. Exploring the stages of grief and helping children navigate through them can facilitate their emotional healing and adjustment to the new family dynamic.


1.3. Increased vulnerability: Divorce can make children feel vulnerable and insecure. It is essential to recognize and address their emotional needs by providing reassurance, stability, and a nurturing environment to help restore their sense of security.


Section 2: Cognitive Impact

2.1. Academic performance: Divorce can impact children's academic functioning, leading to lower academic achievement, decreased motivation, and difficulties concentrating. Understanding the cognitive challenges they may face allows educators and parents to implement appropriate interventions and support systems.


2.2. Cognitive distortions: Children may develop distorted beliefs about themselves, their families, and relationships as a result of the divorce. Recognizing and addressing these cognitive distortions through therapy or counseling can help children develop healthier thought patterns and improve their self-perception.


2.3. Increased responsibility: Divorce often thrusts children into new roles and responsibilities within the family. These added responsibilities can have implications for their cognitive development and overall well-being. Encouraging a balanced approach and providing appropriate support can help children manage their responsibilities while still prioritizing their own growth and development.


Section 3: Behavioral Impact

3.1. Behavioral problems: Divorce can contribute to a range of behavioral issues in children, including aggression, defiance, withdrawal, and acting out. Identifying the underlying causes of these behaviors and employing behavioral management techniques can help children develop more adaptive ways of expressing their emotions and addressing their needs.


3.2. Coping mechanisms: Children may develop various coping mechanisms to navigate the challenges of divorce. Some coping strategies may be adaptive, while others may be maladaptive. Understanding these mechanisms and promoting healthy coping skills can assist children in effectively managing stress and building resilience.


3.3. Interpersonal difficulties: Divorce can influence children's social interactions and relationships. They may experience challenges in forming and maintaining friendships, trusting others, and developing healthy romantic relationships later in life. Promoting healthy communication skills and providing opportunities for socialization can aid children in building positive relationships despite the difficulties they have encountered.


Section 4: Mitigating the Effects of Divorce

4.1. Effective co-parenting: Collaborative and cooperative co-parenting is vital in minimizing the negative impact of divorce on children. Encouraging open communication, establishing consistent routines, and promoting a positive coparenting relationship create a stable and supportive environment for children's well-being.


4.2. Therapeutic interventions: Professional counseling and therapy can be valuable resources for children of divorce. Individual therapy allows children to express their emotions, process their experiences, and develop healthy coping strategies. Family therapy facilitates open communication, conflict resolution, and the rebuilding of trust within the family unit.


4.3. School-based support: Schools play a crucial role in supporting children through the challenges of divorce. Implementing supportive interventions, such as counseling services, peer support groups, and individualized academic support, can help children thrive academically and emotionally.


4.4. Building resilience: Promoting resilience in children involves nurturing their strengths, enhancing their problem-solving skills, fostering healthy relationships, and teaching effective coping strategies. Resilience-focused interventions empower children to overcome adversity and develop into well-adjusted individuals.


Understanding the impact of divorce on children is essential for parents, educators, and mental health professionals involved in supporting their well-being. By acknowledging the emotional, cognitive, and behavioral effects of divorce, and implementing strategies to mitigate these effects, we can create a supportive environment that fosters resilience and promotes healthy development in children experiencing parental separation. Through collaborative efforts and a focus on the best interests of the child, we can help children navigate the challenges of divorce and thrive in their future endeavors.


Building Resilience in Children: Strengthening the Foundation for Emotional Well-being

Resilience is a fundamental trait that allows children to navigate the challenges and setbacks they encounter in life. It is the capacity to bounce back, adapt, and thrive in the face of adversity. In this chapter, we explore the concept of resilience and its significance for children's emotional well-being and overall development. We will discuss the various factors that contribute to resilience and present practical strategies and interventions that parents, educators, and caregivers can implement to foster resilience in children.


Resilience is a multidimensional trait that encompasses cognitive, emotional, and behavioral components. It involves the ability to cope with stress, solve problems, regulate emotions, and seek support from others. By understanding the factors that contribute to resilience, we can create a supportive environment that strengthens children's resilience and helps them navigate life's challenges more effectively.


One key aspect of fostering resilience in children is the presence of protective factors. These are factors that promote positive outcomes despite adversity. Positive relationships with caring adults, such as parents, teachers, or mentors, play a vital role in fostering resilience. When children have reliable and nurturing adults in their lives, they feel supported and develop a sense of security, which enhances their resilience.


Another important protective factor is the presence of a supportive and nurturing environment. When children grow up in an environment that provides stability, consistency, and emotional support, they are better equipped to face adversity. This includes having access to educational opportunities, consistent routines, and a safe physical and emotional space.


Promoting resilience in children involves building their self-esteem and self-efficacy. By fostering a sense of self-worth and confidence, children are more likely to face challenges with a positive mindset. Encouraging their interests, setting realistic goals, and providing constructive feedback helps nurture their self-esteem and enhances their belief in their own abilities.


Teaching problem-solving skills is another crucial aspect of fostering resilience. By equipping children with effective problem-solving strategies, we empower them to tackle obstacles and find solutions. Teaching them to approach problems with a positive and proactive mindset encourages resilience and resourcefulness.


Furthermore, fostering social and emotional skills is essential for resilience. Helping children develop emotional regulation strategies, empathy, and effective communication skills enables them to navigate interpersonal challenges more successfully. By teaching them to express their emotions appropriately and seek support from others, we foster their ability to cope with adversity.


In addition to these individual-level strategies, creating a supportive community and social network plays a significant role in fostering resilience. Providing opportunities for children to engage in activities and programs that promote a sense of belonging and connection with peers fosters resilience. When children feel connected to their community, they have a support system to rely on during difficult times.


Building resilience in children is an ongoing process that requires the collective effort of parents, educators, and caregivers. It involves creating an environment that nurtures their strengths, promotes healthy coping mechanisms, and provides opportunities for growth and development. By fostering resilience in children, we equip them with the necessary tools to face life's challenges with resilience, adaptability, and a positive outlook.



Divorce is a significant life event that can profoundly impact children. In this chapter, we explore the concept of resilience in the context of divorce and highlight the importance of nurturing children's strengths during the process of parental separation. We will discuss the challenges children may face during divorce and present strategies and interventions that parents, educators, and caregivers can employ to foster resilience and support their well-being.


Divorce can evoke a range of emotional responses in children, including sadness, anger, confusion, and fear. It is important to recognize and validate these emotions, providing a safe space for children to express their feelings and concerns. By acknowledging their experiences, we help children navigate the emotional challenges associated with divorce and promote their resilience.


Maintaining a consistent and predictable routine is essential during divorce. Establishing stability and structure in children's lives provides a sense of security and helps them adjust to the changes brought about by parental separation. By ensuring that children have a reliable daily routine, we create a supportive environment that fosters their resilience.


Effective communication between parents is crucial in promoting resilience during divorce. By engaging in open and respectful dialogue, parents can collaborate on important decisions regarding the children's well-being. Consistent and clear communication helps children feel heard, reduces their stress, and fosters a sense of security during the transition.


Cooperative co-parenting plays a significant role in nurturing resilience in children of divorce. When parents work together in a collaborative and supportive manner, children experience less conflict and have a greater sense of stability. By prioritizing the best interests of the child and maintaining positive communication, parents can create an environment that promotes resilience and minimizes the negative impact of divorce.


Encouraging children to express their thoughts and concerns about the divorce can be beneficial for their emotional well-being and resilience. Providing opportunities for age-appropriate discussions and ensuring that children's voices are heard helps them develop a sense of agency and autonomy. By actively listening to their perspectives, parents and caregivers validate their experiences and promote resilience.


Support from extended family, friends, and the community is invaluable during divorce. Maintaining strong social connections provides children with additional sources of support and helps them develop resilience. Engaging in activities and programs that promote socialization and a sense of belonging can enhance children's well-being and provide them with a support network outside of the family.


Professional support, such as counseling or therapy, can also contribute to fostering resilience during divorce. Mental health professionals can provide children with a safe and supportive space to process their emotions and develop coping strategies. Therapy can help children build resilience by providing them with the tools to navigate the challenges of divorce and develop healthy coping mechanisms.


Ultimately, fostering resilience in children during divorce requires a collaborative effort. By prioritizing their emotional well-being, maintaining stability, facilitating effective communication, and providing access to support systems, parents, educators, and caregivers can nurture children's strengths and help them navigate the complexities of parental separation. By fostering resilience, we equip children with the skills and resources they need to thrive despite the challenges they may face during divorce.


Divorce is a life-altering event that can have a significant impact on children's self-esteem and emotional health. In this chapter, we explore the importance of nurturing children's self-esteem and emotional well-being during the process of divorce. We will discuss the potential challenges children may face and present strategies and interventions that parents, educators, and caregivers can employ to support their self-esteem and promote emotional resilience.


Divorce can shake the foundation of children's self-esteem, as they may question their worth and feel a sense of guilt or responsibility for the separation. It is crucial to provide consistent reassurance and validation, emphasizing that the divorce is not their fault. By promoting a healthy sense of self-worth, we can help children maintain and enhance their self-esteem during this challenging time.


Open and honest communication is key in supporting children's emotional well-being during divorce. Encouraging children to express their feelings and concerns creates a safe space for them to share their emotions and receive support. Active listening and validating their experiences can help alleviate their anxieties and foster a positive emotional environment.


Maintaining routines and providing stability is essential for children's emotional health during divorce. Consistency in daily routines, such as mealtimes, bedtimes, and school activities, helps children feel secure and grounded. By upholding familiar structures, parents can provide a sense of stability that supports children's emotional well-being and contributes to their overall resilience.


Building a strong support system is crucial for children going through divorce. Surrounding them with caring and understanding adults, such as extended family members, friends, or mentors, can provide additional sources of support and guidance. By fostering connections with trusted individuals, children receive emotional validation and develop a sense of belonging that contributes to their self-esteem and emotional health.


Encouraging children's involvement in age-appropriate decision-making can boost their self-esteem and sense of autonomy. When children are given the opportunity to participate in decisions that affect their lives, it empowers them and reinforces their sense of self-efficacy. This involvement can range from choosing their room decorations to participating in discussions about custody arrangements, allowing them to have a voice and build confidence in their decision-making abilities.


Promoting self-care and healthy coping strategies is vital for children's emotional well-being during divorce. Encouraging activities such as exercise, hobbies, mindfulness, and journaling helps children process their emotions and reduce stress. Teaching them healthy ways to cope with their feelings, such as talking to a trusted adult or engaging in creative outlets, equips them with valuable tools for managing their emotional health.


Providing access to professional support, such as therapy or counseling, can be beneficial for children experiencing divorce. Therapists can help children navigate their emotions, develop healthy coping mechanisms, and build resilience. Therapy provides a safe and confidential space for children to express their feelings, gain insights, and receive guidance from a trained professional.


Lastly, fostering a positive co-parenting relationship is crucial for children's emotional well-being in divorce. When parents can effectively communicate, cooperate, and put the child's needs first, it creates a supportive and harmonious environment. By modeling healthy conflict resolution and cooperation, parents can mitigate the negative impact of divorce on children's self-esteem and emotional health.


 By providing consistent reassurance, maintaining open communication, upholding routines, fostering a strong support system, involving children in decision-making, promoting self-care, accessing professional support, and fostering a positive co-parenting relationship, parents, educators, and caregivers can support children's self-esteem and emotional health during this challenging period.




Child support is a crucial aspect of divorce that directly impacts the well-being and financial security of children. In this chapter, we delve into the importance of child support in divorce and its role in ensuring the stability and proper upbringing of children. We will discuss the significance of financial support, the legal aspects of child support, and strategies to facilitate effective child support arrangements.


Child support serves as a means to provide children with the financial resources necessary for their growth, development, and well-being. It helps ensure that children's basic needs, such as housing, food, clothing, education, and healthcare, are adequately met. By receiving financial support, children are more likely to thrive and have equal opportunities for a successful future.


Legally, child support is typically determined by guidelines and calculations based on factors such as the income of both parents, the number of children involved, and the specific needs of the children. It is essential for parents to understand the legal obligations and responsibilities associated with child support, as well as the potential consequences of non-compliance.


Effective communication and cooperation between parents are crucial for establishing and maintaining a fair and sustainable child support arrangement. Open discussions about financial matters, transparency regarding income and expenses, and a willingness to collaborate in the best interests of the children can lead to a more amicable and effective child support agreement.


Regular and timely payment of child support is essential for ensuring the financial stability of children. It is important for the paying parent to fulfill their financial obligations in a responsible and consistent manner. On the other hand, the receiving parent should ensure that the financial support is used for the intended purposes of providing for the children's needs.


Flexibility and willingness to adapt to changing circumstances are important aspects of child support arrangements. As children grow and their needs evolve, it may be necessary to review and adjust the child support agreement to ensure that it remains fair and adequate. Open communication and a willingness to work together in addressing changing financial situations can promote a healthier and more sustainable child support arrangement.


In cases where parents face difficulties or disagreements regarding child support, seeking legal assistance or mediation can be beneficial. Mediation can provide a neutral platform for parents to discuss their concerns and reach a mutually agreeable resolution. Legal guidance can help ensure that child support obligations are enforced and that children's best interests are protected.


It is essential to recognize that child support extends beyond financial contributions. Non-custodial parents can also contribute to the well-being of their children by actively participating in their lives, providing emotional support, and maintaining consistent and meaningful relationships. The involvement of both parents in the child's upbringing fosters a sense of stability and enhances the child's overall well-being.


 By recognizing the importance of financial support, understanding the legal aspects of child support, promoting effective communication and cooperation, ensuring regular and timely payments, being adaptable to changing circumstances, seeking legal assistance or mediation when necessary, and emphasizing the involvement of both parents, we can create a supportive environment that meets the needs of children and ensures their long-term financial security.



Financial support is a critical aspect of divorce that significantly impacts the economic well-being and future prospects of individuals and families. In this chapter, we delve into the complexities of financial support in divorce and explore strategies for navigating the financial aspects to promote long-term stability. We will discuss the various types of financial support, legal considerations, financial planning, and resources to help individuals make informed decisions.


Understanding the different types of financial support available during and after divorce is essential. Alimony, also known as spousal support or maintenance, is financial assistance provided by one spouse to the other to help maintain their standard of living. Child support, on the other hand, is financial support paid by the non-custodial parent to the custodial parent to meet the needs of the children. Each type of support has its own guidelines and considerations.


Navigating the legal aspects of financial support can be complex. It is crucial to consult with legal professionals who specialize in family law to ensure a thorough understanding of the rights and obligations regarding financial support. Legal guidance can help individuals make informed decisions, negotiate fair agreements, and ensure compliance with legal requirements.


Financial planning plays a crucial role in managing and maximizing available resources during and after divorce. Developing a comprehensive budget that takes into account income, expenses, assets, and debts is essential. By evaluating financial needs and goals, individuals can make informed decisions regarding financial support, asset division, and long-term financial stability.


Effective communication and negotiation skills are vital when addressing financial support in divorce. Open and respectful dialogue with the ex-spouse can help facilitate a fair and mutually beneficial agreement. Being transparent about financial information and willing to compromise can lead to more positive outcomes and reduce potential conflicts.


Considering the tax implications of financial support is crucial for both the payer and the recipient. Understanding the tax consequences associated with alimony and child support can help individuals make informed financial decisions. Consulting with a tax professional can provide valuable insights and help optimize financial arrangements to minimize tax burdens.


Seeking professional financial advice can be invaluable during divorce. Financial advisors can assess individuals' financial situations, provide guidance on asset division, and offer strategies for long-term financial planning. Their expertise can help individuals navigate complex financial matters and make informed decisions regarding financial support and financial stability.


It is important to explore available resources and support systems for individuals going through divorce. There are organizations, support groups, and online forums where individuals can connect with others who have similar experiences. These platforms provide emotional support, practical advice, and resources that can assist individuals in managing their financial concerns during and after divorce.


Financial support in divorce is a multifaceted aspect that requires careful consideration and planning. By understanding the different types of financial support, seeking legal guidance, engaging in financial planning, developing effective communication and negotiation skills, considering tax implications, seeking professional financial advice, and utilizing available resources and support systems, individuals can navigate the complexities of financial support and work towards long-term stability and financial well-being.



Divorce brings about significant changes in financial circumstances, requiring individuals to strive for financial independence and establish a secure future. In this chapter, we explore the importance of financial independence after divorce and discuss strategies for empowering individuals to take control of their financial well-being. We will address topics such as income generation, budgeting, asset management, and long-term financial planning.


Creating a reliable source of income is a key component of financial independence after divorce. This may involve pursuing employment opportunities, furthering education or training to enhance career prospects, or starting a business. Developing marketable skills and actively seeking financial stability empowers individuals to support themselves and build a solid financial foundation.


Budgeting plays a crucial role in managing finances effectively and ensuring long-term financial stability. Developing a comprehensive budget that accounts for income, expenses, and savings helps individuals gain control over their financial situation. By tracking spending, prioritizing essential expenses, and setting realistic financial goals, individuals can make informed financial decisions and avoid unnecessary debt.


Asset management is another critical aspect of financial independence after divorce. Evaluating and dividing marital assets, such as property, investments, and retirement accounts, requires careful consideration and professional guidance. Developing a plan to protect and grow assets can contribute to long-term financial security.


Long-term financial planning is essential for individuals who have gone through divorce. This includes retirement planning, estate planning, and investment strategies. Seeking advice from financial advisors or planners can help individuals establish financial goals, develop personalized plans, and make informed decisions about saving, investing, and protecting their assets for the future.


Building a strong credit profile is crucial for financial independence after divorce. It enables individuals to access credit, secure loans, and obtain favorable interest rates. Establishing and maintaining a positive credit history by making timely payments and managing debt responsibly empowers individuals to achieve their financial goals and navigate financial challenges with greater ease.


Incorporating financial education into one's post-divorce journey is invaluable. Learning about personal finance, investment strategies, and financial literacy equips individuals with the knowledge and skills needed to make informed financial decisions. Online resources, workshops, and financial literacy programs are excellent avenues for gaining financial knowledge and fostering financial independence.


Seeking emotional support and guidance during the process of achieving financial independence after divorce is crucial. Engaging in therapy or counseling can help individuals address any emotional obstacles related to their financial situation. Emotional well-being plays a significant role in making sound financial decisions and building resilience during the transition.


Embracing a growth mindset is essential when striving for financial independence after divorce. Recognizing that setbacks and challenges are opportunities for growth and learning empowers individuals to overcome obstacles and embrace new possibilities. Developing resilience and perseverance in the face of financial difficulties is key to achieving long-term financial stability.


 By focusing on income generation, budgeting, asset management, long-term financial planning, building credit, pursuing financial education, seeking emotional support, and embracing a growth mindset, individuals can navigate the post-divorce financial landscape with confidence and create a secure future for themselves.



Co-parenting after divorce involves not only the emotional well-being of children but also the shared financial responsibilities of raising them. In this chapter, we explore the importance of co-parenting and financial collaboration in creating a stable and supportive environment for children. We will discuss strategies for effective communication, shared financial decision-making, and managing expenses to ensure the financial well-being of children.


Effective communication is crucial in co-parenting and financial collaboration. Regular and open communication between co-parents allows for discussions on financial matters, such as child-related expenses, educational needs, and extracurricular activities. Creating a cooperative environment where both parents can openly express their concerns and work together in the best interest of their children sets the foundation for successful financial collaboration.


Shared financial decision-making requires mutual agreement and compromise. Co-parents should engage in discussions to establish a framework for financial responsibilities, including child support, healthcare costs, and educational expenses. By actively participating in decision-making processes, both parents can contribute to and take ownership of the financial well-being of their children.


Managing expenses effectively is essential in co-parenting. Developing a comprehensive plan for budgeting child-related costs ensures that financial resources are allocated appropriately. Co-parents should create a clear and transparent system for sharing expenses, including guidelines for sharing costs, keeping records of expenditures, and establishing a process for reimbursement when necessary.


Utilizing technology can simplify financial collaboration in co-parenting. Online tools and apps designed for co-parents can help track and share expenses, create shared financial calendars, and facilitate communication regarding financial matters. By utilizing these resources, co-parents can streamline financial collaboration and ensure transparency and accountability.


Flexibility and adaptability are key in co-parenting and financial collaboration. Recognizing that financial circumstances may change over time, co-parents should be open to revisiting and modifying financial agreements as needed. Regular review of financial arrangements allows for adjustments that reflect evolving needs and ensures that children's financial well-being is consistently addressed.


Teaching children about financial responsibility is an integral part of co-parenting. By involving children in age-appropriate discussions about money management, saving, and budgeting, parents can instill financial literacy and empower their children to make informed financial decisions in the future. Providing them with the necessary tools and knowledge fosters their financial independence and prepares them for financial success.


Resolving financial conflicts through mediation or professional assistance can be beneficial in co-parenting. In situations where disagreements arise regarding financial matters, seeking the guidance of a mediator or financial advisor can help facilitate constructive discussions and find mutually agreeable solutions. Mediation provides a neutral and supportive environment to address conflicts and maintain a positive co-parenting relationship.


Maintaining mutual respect and cooperation is paramount in co-parenting and financial collaboration. When co-parents approach financial matters with respect for each other's opinions and a shared commitment to the well-being of their children, it sets the stage for effective collaboration and ensures a harmonious co-parenting relationship.

Co-parenting and financial collaboration go hand in hand in creating a supportive and stable environment for children after divorce. By fostering effective communication, engaging in shared financial decision-making, managing expenses, utilizing technology, being flexible, teaching financial responsibility to children, seeking professional assistance when needed, and maintaining mutual respect and cooperation, co-parents can navigate the complexities of financial collaboration and ensure the financial well-being of their children.



Divorce brings significant changes to an individual's financial landscape, requiring careful planning and proactive steps to rebuild and thrive in the aftermath. In this chapter, we explore the importance of financial planning for the future and discuss strategies to regain stability, create a solid financial foundation, and pursue long-term financial well-being.


Assessing the financial aftermath of divorce is the first step in the rebuilding process. Taking stock of assets, liabilities, income, and expenses allows individuals to understand their current financial situation. This assessment serves as a foundation for developing a comprehensive financial plan.


Creating a realistic budget is crucial for managing finances effectively post-divorce. By carefully evaluating income and expenses, individuals can prioritize essential needs, identify areas for potential savings, and allocate funds towards achieving financial goals. A well-structured budget empowers individuals to regain control over their financial lives and make informed financial decisions.


Building an emergency fund is essential for financial security. Setting aside funds for unexpected expenses provides a safety net and reduces financial stress. Ideally, individuals should aim to save three to six months' worth of living expenses to ensure they are prepared for unforeseen circumstances.


Managing debt is a critical aspect of post-divorce financial planning. Evaluating existing debts and developing a plan to pay them off systematically helps individuals regain financial freedom. Strategies such as debt consolidation, negotiating repayment terms, or seeking professional assistance can be effective in managing and reducing debt burdens.


Rebuilding credit is an important component of long-term financial planning. Individuals should be proactive in establishing a positive credit history by making timely payments, managing credit utilization, and monitoring their credit report regularly. Good credit opens doors to favorable interest rates and opportunities for future financial growth.


Investing in retirement is vital for long-term financial security. Divorce may have implications on retirement plans, and individuals should reassess their retirement savings goals and strategies. Seeking the advice of financial professionals can help develop a retirement plan tailored to individual circumstances and aspirations.


Insurance coverage should be reviewed and updated post-divorce. Individuals should assess their health insurance, life insurance, and property insurance needs to ensure adequate coverage. Reviewing beneficiaries and making necessary adjustments is essential to reflect new circumstances and protect the financial well-being of dependents.


Seeking professional financial advice is beneficial during the rebuilding process. Financial planners or advisors can provide guidance, recommend investment strategies, and help individuals make informed decisions about their financial future. Their expertise can help individuals navigate complex financial matters and align their financial goals with their post-divorce reality.


Continuing education and skill development are essential for increasing earning potential. Exploring opportunities for professional growth, upgrading skills, or pursuing higher education can enhance job prospects and income potential. Individuals should identify areas of interest and invest in their personal and professional development to secure a brighter financial future.


Establishing a support network is valuable during the rebuilding phase. Engaging with support groups, seeking therapy or counseling, or connecting with others who have gone through similar experiences provides emotional support and practical guidance. Sharing experiences and learning from others' journeys can inspire individuals to persevere and thrive.


The aftermath of divorce can bring significant changes and challenges to individuals' lives, affecting both emotional and financial well-being. In this chapter, we explore the importance of stability in the post-divorce journey and discuss strategies for nurturing emotional and financial stability. We will delve into topics such as self-care, establishing routines, managing stress, and fostering resilience to create a foundation of stability.


Self-care plays a vital role in achieving stability after divorce. Taking care of one's physical, emotional, and mental well-being is essential. Engaging in activities that bring joy and relaxation, prioritizing sleep, practicing mindfulness or meditation, and seeking support from friends, family, or professionals all contribute to personal well-being and stability during this transitional period.


Establishing routines provides a sense of structure and stability in the post-divorce journey. Creating a daily or weekly routine can help individuals regain a sense of control and stability amidst the changes. Consistency in activities such as meal times, exercise, work, and leisure pursuits can bring stability to daily life and promote a sense of normalcy.


Managing stress is crucial in achieving overall stability after divorce. Divorce can be a stressful and overwhelming experience, but individuals can take steps to reduce stress levels. Engaging in stress-management techniques such as deep breathing exercises, practicing relaxation techniques, engaging in physical activity, or seeking professional support can help individuals cope with stress and maintain stability in their lives.


Fostering resilience is an essential aspect of achieving stability after divorce. Resilience is the ability to bounce back from adversity and adapt to challenging circumstances. Building resilience involves cultivating a positive mindset, developing problem-solving skills, seeking support from others, and embracing change as an opportunity for growth. Resilience enables individuals to navigate the ups and downs of the post-divorce journey with strength and stability.


Developing a support network is crucial for emotional and financial stability. Surrounding oneself with a supportive community of friends, family, or support groups can provide a sense of belonging, understanding, and encouragement. These connections can offer emotional support, practical advice, and assistance during challenging times, fostering stability in both personal and financial aspects.


Financial stability is closely intertwined with emotional stability. Managing finances responsibly and maintaining control over one's financial situation contributes to overall stability. This includes creating a budget, living within one's means, saving for emergencies, and making informed financial decisions. By taking control of their finances, individuals can reduce financial stress and establish a foundation of stability.


Setting realistic expectations is important in achieving stability after divorce. Recognizing that the process of rebuilding life and financial stability takes time allows individuals to be patient and avoid unnecessary pressure. Embracing small steps of progress and celebrating personal achievements along the way fosters a sense of stability and optimism for the future.


Embracing change and adapting to new circumstances is a fundamental aspect of achieving stability after divorce. Recognizing that life will be different post-divorce and embracing the opportunities that come with change can lead to personal growth and stability. Being open to new experiences, exploring new interests, and embracing a positive outlook can contribute to stability and well-being.


Achieving stability in the aftermath of divorce requires nurturing both emotional and financial well-being. By practicing self-care, establishing routines, managing stress, fostering resilience, developing a support network, maintaining financial stability, setting realistic expectations, embracing change, and adapting to new circumstances, individuals can create a solid foundation of stability and navigate the post-divorce journey with confidence and resilience.




Divorce can have a profound impact on children, affecting their emotional well-being and sense of stability. In this chapter, we delve into the importance of cultivating stability for children in the wake of divorce and discuss strategies for promoting emotional and relational security. We will explore topics such as effective co-parenting, maintaining consistent routines, fostering open communication, and providing a nurturing environment to foster stability in children's lives.


Effective co-parenting is essential in promoting stability for children after divorce. Co-parents should strive to create a cooperative and respectful relationship, prioritizing the best interests of their children. Consistent rules, shared decision-making, and regular communication about important matters, such as schooling, health, and extracurricular activities, contribute to a sense of stability and security for children.


Maintaining consistent routines is crucial in cultivating stability for children. Establishing regular schedules for meals, bedtime, schoolwork, and leisure activities provides a sense of predictability and structure in children's lives. Consistency in routines helps children feel secure and reduces anxiety by providing a sense of stability and normalcy amidst the changes brought about by divorce.


Fostering open communication is vital for promoting emotional and relational security in children. Encouraging children to express their thoughts, feelings, and concerns allows them to process their emotions and feel heard and understood. Creating a safe and non-judgmental space for children to share their experiences fosters trust and strengthens the parent-child bond, promoting emotional stability.


Providing a nurturing environment is essential in cultivating stability for children after divorce. Offering love, support, and reassurance helps children navigate the challenges associated with divorce. Engaging in quality time, engaging in activities together, and demonstrating consistent affection and attention contribute to a sense of security and emotional well-being in children.


Minimizing conflict and exposure to parental conflict is critical for children's stability after divorce. High levels of conflict between co-parents can have detrimental effects on children's emotional and psychological well-being. Co-parents should make a concerted effort to communicate respectfully, resolve conflicts amicably, and shield children from adult disagreements, creating a safe and stable environment for them.


Encouraging healthy coping mechanisms is important for promoting stability in children's lives. Teaching children constructive ways to manage their emotions and cope with stress, such as through expressive activities, sports, hobbies, or therapy, equips them with valuable skills to navigate the challenges they may face as a result of divorce. Healthy coping mechanisms contribute to emotional resilience and stability in children.


Supporting children's relationships with extended family members is beneficial for their stability and sense of belonging. Encouraging continued connections with grandparents, aunts, uncles, and cousins helps children maintain a sense of continuity and strengthens their support network. These relationships provide additional sources of stability and love for children during and after divorce.


Promoting a positive co-parenting relationship between children and both parents is crucial for stability. Encouraging children to maintain meaningful and regular contact with both parents, when safe and appropriate, allows them to maintain a strong bond with each parent and feel a sense of stability and security in their relationships. Co-parents should strive to create a supportive environment that fosters healthy parent-child relationships.


Recognizing and addressing the individual needs of children is essential for promoting stability. Each child may respond differently to the challenges of divorce, and it is important to be attuned to their unique emotional, psychological, and developmental needs. Providing appropriate support, seeking professional help if necessary, and offering consistent reassurance can contribute to stability and well-being.


Cultivating stability for children in the wake of divorce requires a multifaceted approach that prioritizes effective co-parenting, consistent routines, open communication, a nurturing environment, conflict minimization, healthy coping mechanisms, extended family relationships, positive co-parenting relationships, and addressing individual needs. By implementing these strategies, parents can promote emotional and relational security, fostering stability in their children's lives as they navigate the complexities of divorce.















































Tuesday, 18 July 2023

SPLANE ROY LLP - CRIMINAL CASE LAW - WARRANTS - INFORMATION TO OBTAIN (ITO)

 

CRIMINAL CASE LAW
WARRANT- INFORMATION TO OBTAIN (ITO)

​

1.) R v AULENBACK 

 

Judge: Justice Gauthier

 

Issue:

The Accused, Kyle Aulenback (“Aulenback”), has brought an application for disclosure of “the contents of the investigative file compiled and considered by the Affiant for two Informations to Obtain (ITO).  At the hearing of the application, Aulenback specified that he seeks disclosure for the following:

 

  1. The handwritten notes of S/Sgt. Asunmaa, provided to the Affiant, RCMP Officer David Burns on July 9, 2013;

  2. The handwritten notes of S/Sgt. Asunmaa, provided to the Affiant, Officer Burns on October 15, 2013.

These handwritten notes relate only to Informant A.  They were referenced in the material in support of the applications for the authorizations, and relied upon by the Affiant, Burns.

 

Rule:

The only stated reason Aulenback seeks access to the handler’s notes is to determine whether the information provided was first hand:  “these documents will detail whether or not the information the informants provided was obtained from first hand observation and/or whether any words they related were spoken to them by the targets of the investigation themselves.” 

 

The fact that information conveyed by an informant may not be firsthand information does not, in and of itself, mean that the information is not compelling; nor does it, in and of itself, mean that any subsequent warrantless search is invalid or unreasonable.

 

The Crown asserts privilege and opposes the application as the pool of people who could have provided the information is very small, and any further information disclosing the exact source of knowledge and/or exact conversations the Informant had with Aulenback, Boudreau.

 

Other information which would be contained in the handler’s notes (i.e. gender, lifestyle choices, associates…) could disclose the identity of the Informant. 

Legal Analysis:

The Crown submits that the information sought is irrelevant.  It will not assist Aulenback in any way at the trial proper as it relates to disputing the essential elements of the offence of possession for the purpose of trafficking.

 

The assessment of the value of the information provided, has already been done. The Judge concluded that the information was reasonably compelling, it was credible and it was corroborated. This is within the “totality of the circumstances” inquiry mandated by R v Debot.

​

Conclusion:

The application is denied. 

​

2.) R v. DARLING 

Judge: Justice S. Nakatsuru

​

Background:

On October 31st 2018, a warrant was executed to search the address of apartment 1509, 10 Willowridge Road, Toronto, Ontario. It was a telewarrant. This warrant was obtained because, six days earlier, it was alleged that the Applicant, MD, and 2 other men, robbed a man who was looking to buy a cell phone. One of the men had a pistol and used it to strike the Complainant. 

 

During the early morning search, guns, drugs and money were found. The Applicant, Twany Darling, was there along with his brother, MD, who was a young person at the time. Mr. Darling is facing trial on numerous firearms, drugs and proceeds charges. At the time of the trial, he claimed his rights under SS. 8 and 9 of the Canadian Charter of Rights and Freedoms were violated. He asked for a stay of proceedings or the exclusion of the evidence as a remedy.  

 

Issue(s):

The application was dismissed with the following as issues;

Issue 1: Were there reasonable and probable grounds in the Information to Obtain (“ITO”) for the warrant to issue?

 

Issue 2: Was the telewarrant validly issued?

 

Issue 3:  Was the unannounced, dynamic entry in executing the search warrant a violation of s. 8?

 

Issue 4:  Was the Applicant arbitrarily detained when the police delayed taking him before a justice of the peace, contrary to s. 503 of the Criminal Code?

 

Further Details of the Search:

 

The ITO states that the police were investigating an armed robbery that happened on October 25, 2018, at about 1:00 a.m. The police were dispatched and found Shehab Fathy lying on the grass. Mr. Fathy told the police officers that he had arranged to meet someone via an app to buy a cellphone. He went to a building at 44 Willowridge Road where he met a suspect at the entrance of the building under some construction scaffolding. There was a group of men present. One suspect pulled out a gun, robbed him of $1,200, and struck him on the head.  Mr. Fathy ran, the suspects chased him, and Mr. Fathy got away.

 

Police obtained CCTV footage from the building complex and it showed the suspects waiting in the stairwell for Mr. Fathy to arrive. Mr. Fathy pulled out a white envelope and stepped into the doorway. 

 

The next image was of Mr. Fathy running out of the doorway while being chased by at least three people. The CCTV video then showed the suspects running back into the building, up the stairwell to the fourth floor and back down into the main lobby shortly afterwards.

 

On October 27, 2018, DC Wesselius looked at the surveillance video and the suspect was known as MD, someone he knew to live at that apartment complex. MD was on a recognizance for charges of robbery and failure to comply with a recognizance, and was on probation for possession of a prohibited substance and a restricted weapon. MD also had a marked deformity as an extra finger on each of his hands. 

​

ITO (Information to Obtain):

There was information received from a Confidential Source (“CS”) outlined in the ITO. The ITO states, 

“a photo of the suspect in the camouflage outfit was shown to the CS.  The CS advised that this male lives in 10 Willowridge, is Jamaican, 20-24 years, is fresh out of jail, and that the handler had shown a photo of him to the CS months ago.  FYNES showed a photo of “Twany Darling 1996.06.14”.  The CS confirmed that is the male in the camouflage outfit.”

The ITO disclosed that the CS’s motivation for providing information was monetary and charge consideration. The CS was well entrenched in a criminal lifestyle and the CS had provided information to the Toronto Police in the past.

 

A cross-examination was conducted on the affiant, DC Joshi. The ITO stated that the Applicant lived at the address of apartment 1509-10 Willowridge Road. The last information regarding the currency of the address in the ITO was three years earlier. A Versadex check does not state how current the address is.

 

DC Joshi also agreed that the police conducted no surveillance on the address and testified that he was satisfied the Applicant lived there based on the police check. 

 

Section 8 of the Charter guarantees the right to be free from unreasonable search and seizure. 

 

The ITO states that the police wanted to look for the clothing worn by the suspects, any firearms, and the property of the victim in the proposed search of apartment 1509-10 Willowridge Road. It comes down to whether there are reasonable and probable grounds to believe that evidence of an offence will be found at a certain place.

 

Legal Analysis/Rule:

 

Justice S. Nakatsuru found that the ITO contains reasonable and probable grounds that MD was involved in the robbery.  The primary source of the identification comes from surveillance footage obtained from 44 Willowridge Road.

This recognition evidence of a police officer based upon personal knowledge of MD is sufficiently reasonable and there are probable grounds to believe MD was involved in the robbery. In addition, when Mr. Fathy was shown the surveillance footage, he was able to identify MD. 

 

The police used a ram to batter down the door to apartment 1509. They did not announce their presence before its use. The Applicant submits that the manner of their search violated s. 8. The Crown submits that the decision to proceed by way of an unannounced dynamic entry was based on the need for the safety of everyone involved and to prevent the destruction of evidence.

 

S. 9 of the charter is concerning arbitrary detention. The Applicant argued that he was not brought before a Judge until 27 hours following his arrest. The Crown does agree and stated that a reduction in sentence is the appropriate remedy, should the Applicant be convicted of any offence.

 

In this case, it was found that the police were not in violation of s. 9.  The police did not intentionally delay bringing the Applicant before a justice of the peace.

 

Conclusion:
In conclusion, based upon the nature of the prejudice found, a reduction in sentence may not be an alternative remedy. The Applicant failed to meet the test for stay of proceedings and it is not necessary to deal with the third aspect of the test as there is no uncertainty as to whether a stay is warranted.

​

3.) R. v. FLANNIGAN, 2017 ONSC 5031

 

Judge: Justice J.N. MORISSETTE

 

Charge(s):

The Applicant is charged with production of marijuana, contrary to section 7(1) of the Controlled Drugs and Substances Act (CDSA) and possession of Oxycodone contrary to section 4(1) of the CDSA.

 

Background:

The London Police Service (LPS) received a tip on November 6, 2015, at around 11:06 a.m. through the Drug Intelligence Information line from an individual named Pamela Geerts, about a grow operation at 276 Fairhaven Circle, London, Ontario that she had observed the day before, in the basement of the Applicant’s residence.

 

The officer manning the hot line, Officer Robert Popovich, conducted the usual corroboration through Versadex and Canadian Police Information Centre (CPIC) database inquiries, for both individuals, which confirmed that the Applicant was indeed the owner of the residence in question. It further confirmed that the Complainant had never provided information to Police in the past.

The following information was given to RCMP Officer McFarlane; 

  • The Complainant, Pamela Geerts, used to stay at the residence once or twice a week.

  • The Complainant, Pamela Geerts, and the Applicant, Andrew Flannigan are no longer in a relationship.

  • The Applicant, Andrew Flannigan is growing marijuana in his basement.

  • The marijuana plants are hidden behind a large black tarp in the corner of the basement.

  • There are 12-15 marijuana plants in pots.

  • The marijuana plants are approximately 3 ½ feet in height.

  • The marijuana plants have started to bud.

  • The marijuana plants are growing under very bright lights.

  • There are fans ventilating the area and blowing outside to the backyard.

  • All the windows in the basement are covered with blankets.

  • The Applicant, Andrew Flannigan had five friends over, helping him tape the tarp into position.

  • The Applicant, Andrew Flannigan works as a personal support worker at McCormick Home, located at 2022 Kains Road London, Ontario.

 

Based on his experience, Officer McFarlane believed he had reasonable and probable grounds that an offence had been committed, and that an unlawful production of marijuana was present at the Applicant’s residence.

 

On November 9, 2015, based on an Information to Obtain (ITO) sworn by the affiant Officer McFarlane, Justice of the Peace Langlois issued the warrant at 12:30pm. The Applicant was arrested at 2:25pm on November 9, 2015. The warrant was executed at 2:46pm on November 9, 2015. Nineteen (19) plants of marijuana were found in the basement.

 

Issue(s):

The issues include whether Officer McFarlane gave the issuing justice of the peace sufficient information in the ITO so that he had reasonable and probable grounds?

 

Here are some more issues:

 

A.) Was the detention and arrest of the Applicant authorized by law?

 

B.) The source of information came, not from a confidential source, but rather from a tip from a person who was willing to testify about what she saw. What is the validity and credibility of this source’s insight?

 

In R v Debot, the Court dealt with a police search based upon information provided to them by a confidential informant. The Court held that special considerations to confirm the credibility of the information provided by an anonymous informant is required. It has been considered as the three Cs: compelling, credibility, and corroboration.

 

It is acknowledged that the information given by the witness is compelling.

 

In order to assess the credibility of the information, the court must look at the degree of detail of the “tip”; the informer’s source of knowledge; and indicia of the informer’s reliability.

 

The degree of detail was extensive. The source was first hand and in real time. Having said this, this individual had not ever provided information in the past to police.

 

Conclusion:

Officer McFarlane was not required to carry out a broad investigation in order to demonstrate to the J.P. that Ms. Geerts’ story was capable of being reasonably believed. The details provided by Ms. Geerts were such as to provide reasonable and probable grounds that a production was indeed present as described. These details, certainly met the requirements set out in Debot. 

 

The warrant was validly issued and therefore there was no breach of the Applicant’s Charter rights. The application is dismissed.

 

4.)  R v. GUTHRIE

 

Judge: Justice Fragomeni 

 

Background:

 

The Applicant, Greg Guthrie, seeks an order quashing the search warrant issued on October 29, 2014, and thereby excluding the evidence obtained in the execution of the search warrant, pursuant to s. 24(2) of the Charter.

 

Project “OFocus” was an RCMP investigation into the connections between three shipments of cocaine that were intercepted at Pearson International Airport in 2014. In March of 2014, Annecia Morris arrived in Toronto from Port of Spain, Trinidad. Accompanying her were her four children, and 8 bags, all of which had cocaine concealed within the lining. In total, approximately 40 kilograms was seized. In May of 2014, James Gibb and Jennifer Lucchetti arrived, also from Port of Spain, Trinidad, also with cocaine in the lining of their suitcases. This time the total was approximately 20 kilograms. Finally, in October of 2014, Pamela Grey and Anita Miller arrived in Toronto from Grenada. They had 30 kilograms of cocaine concealed in the lining of their suitcases. Morris, Gibb and Grey were all charged with importing cocaine. Based on the investigation, the Crown alleges that the Applicant was the primary overseer for all 3 shipments. 

 

On October 29th, 2014, members of the Toronto Police Service assisted the RCMP by executing the search warrant at the Applicant’s residence at 202-123 Twenty Fourth Street, Toronto, ON. Inside the residence, police located over $50,000.00 in cash, a money counter, vacuum sealers, and drug packaging. They also seized multiple cell phones and a computer. Subsequent analysis showed one of the phones had been in contact with Annecia Morris’ phone. A hard drive, on one of the computers seized, contained images of the Applicant. It contained an internet search for the very resort where Grey stayed in Grenada, at the time she was in Grenada 

 

Cst. Gidda has been a member of the RCMP for the past 11 years. He has been assigned to the Toronto Airport Detachment, Plain Clothes, since 2011. He has not received training with respect to writing search warrants and the supporting Information to Obtain (“ITO”).

 

Legal Arguments:

In a certain part of the ITO, Cst. Gidda states that he reviewed the Guthrie surveillance report, but did not review all of the officers notes. He trusted that the officer's notes would be true and accurate. Cst. Gidda felt that anyone going to 72 Montebello, Vaughan, Ontario (previous authorization was sought, granted or denied), the Brissett residence, was suspicious. Cst. Gidda believed Guthrie was a drug organizer, so what Guthrie was doing was seen and characterized as suspicious.

 

The Applicant submits that Cst. Gidda approached his task in a biased manner. Cst. Gidda stated that everything Guthrie did was suspicious. He proceeded on the basis that Guthrie was a drug organizer so Guthrie’s activities and conduct are seen through that lens.

Further, Guthrie argues that there is material non-disclosure as it relates to the surveillance observations. The ITO makes conclusions about suspicious activity without details to support those conclusions. Police instincts do not equate to reasonable grounds.

 

Guthrie submits that none of the information set out in the ITO establishes a link to his residence. There is no surveillance conducted on Guthrie’s home. All of this activity is associated to 72 Montebello Avenue, the Brissett residence. Guthrie argues that there is no nexus to Guthrie’s home.

 

In these circumstances, Guthrie submits that there is no basis for the police to assert that evidence would be found in his home to support these allegations. Guthrie goes on to say that Cst. Gidda has no basis to make these statements that he had outlined in the ITO.

 

The Crown submits that there was ample evidence in the ITO upon which the authorization could have issued. The Crown points to the following as set out in the ITO such as;

  1. Guthrie’s fingerprints were located within suitcases that imported 40 kilograms of cocaine from Port of Spain, Trinidad.

  2. Guthrie returned from Port of Spain, Trinidad, one day before the shipment arrived.

 

The ITO, considered in its totality, was sufficient for the authorizing Justice to issue the search warrant. It was open for the issuing Justice to draw the inferences he did. In those circumstances, the issuing Justice found that there were reasonable grounds to think that a search of Guthrie’s residence would yield evidence in support of the allegations outlined.

 

Each of the concerns raised by Guthrie have to be considered and analyzed within the context of the total body of information contained in the ITO.

There are omissions made in the ITO which include the following:

  • ITO does not include the fact that Grey/Miller/Sovey arrived in Canada from Grenada.

  • There is no mention that Guthrie was not in Grenada.

  • There is no mention that Ms. Grey was either still intoxicated or severely hung-over when she provided her statement to police.

  • There is no mention that Gibb’s girlfriend, Ms. Lucchetti, gave conflicting information.

  • There is no mention that Ms. Morris provided the names Renee, Melissa, Kenny and Lexi when she spoke to police on March 6, 2014.

  • When referring to the term, “pattern of travel,” only two occasions are mentioned. 

  • There is no mention of Guthrie travelling to Port of Spain, Trinidad, 12 times in total since 2010.

 

Conclusion:

It was found that the ITO did not satisfy that any of these omissions affect whether the authorizing Justice could have found reasonable and probable grounds when the ITO is considered in its totality.

In all of the circumstances, the Applicant has met his onus that his section 8 rights have been breached. The Application to exclude the evidence obtained as a result of the execution of the search warrant is hereby dismissed.

​

5.) R v. LEBZUCH 

 

Judge: Justice  P.T. O’Marra

 

Case:

The Applicant, Marcin Lebzuch, seeks an order for leave to cross-examine the affiant, Constable Martin, and the sub-affiant, Constable MacDonald, with respect to an Information to Obtain (hereinafter referred to as the “ITO”), a search warrant of the Applicant’s residence located at 56 Cowan Road, Brampton, Ontario, issued by a Justice of the Peace on October 20, 2016. 

 

Background:

The search warrant was executed on October 25, 2016, and police seized eight computer devices from the residence. After the review of the devices seized from the Applicant’s address, it was confirmed that there was an existence of child pornography on a solid state drive of a computer device found in the basement of the residence. The Applicant was arrested and charged for Possession of Child Pornography, contrary to section 163.1 of the Criminal Code of Canada and Accessing Child Pornography, to wit: graphic computer files contrary to section 163.1(4.1) of the Code.

 

Applicant’s Arguments:

The Applicant argues that the ITO lacks information in important areas that explained the investigative process through which the police linked the computer user who utilized the suspected IP address 174.112.142.63 and the possession of the child pornography.

 

The Applicant submits that these informational shortcomings in the ITO can only be remedied if the Court grants leave to cross-examine the affiant and the sub-affiant.

 

If the Court grants leave to cross-examine, the Applicant submits that the areas of questioning are sufficiently narrow and will provide meaningful evidence for the Court to determine if any of the pre-conditions for the issuance of the warrant existed at the time the warrant was issued.

 

Issue(s):

The overarching principle behind the application is that since the basis of the ITO was the online police investigation, that gave rise to the belief that the suspected IP address possessed child pornography, and if that belief was discredited, then the factual basis of the grounds is undermined.

 

Crown’s Arguments:

The Crown argues that the Applicant has not demonstrated a reason why cross-examination “will elicit testimony tending to discredit the existence of a precondition to the authorization” for the warrant and therefore, should be dismissed. The Applicant has not shown a reason for why the cross-examination will elicit testimony probative to the “narrow basis upon which an authorization can be set aside.”

 

Since the Applicant has not demonstrated that there is a reasonable likelihood that the cross-examination can assist in discrediting any of the pre-conditions to the issuance of a warrant, the Applicant cannot simply speculate that the cross-examination of the various computer programs will yield evidence that in some way will be relevant to the narrow inquiry before the Court.

 

Conclusion:

On the basis of the record before the Court, the Applicant has failed to demonstrate that the proposed areas of cross-examination of the affiant or sub-affiant point to a reasonable likelihood that it will elicit testimony of probative value that will tend to discredit the basis for the authorization of the warrant.

 

In conclusion, the leave to cross-examine the affiant and sub-affiant is refused.

​

6.) R v. MEGILL, 2021 ONCA 253

​

Judge: Justice Carole J. Brown

 

Background:

There was an appeal from the conviction entered by Justice Carole J, Brown of the Superior Court of Justice, sitting with a jury, on March 1, 2018, and the sentence imposed on November 8, 2018, with reasons reported at 2018 ONSC 6486.

 

With a warrant, police officers entered an apartment looking for some controlled substances and offence-related property. Upon entry, they found several things; controlled substances, related paraphernalia and $335 in Canadian currency. Police found some of those things in a bedroom, where they also found Kyle Megill sitting at a computer. They also found capsules, a beige powder and a digital scale in his kitchen, as well as more bags containing a controlled substance, a tester, and more empty capsules in the living room. The controlled substances included cocaine, ketamine, BZP/TFMPP, MDMA, MDA, marijuana and psilocybin. They then found a storage unit on the same floor and found the same as well as GHB. 

 

The jury found the appellant guilty of 6 counts of possession for the purpose of trafficking and possession of property and of proceeds of property obtained by crime. The trial Judge imposed a sentence of imprisonment of 5 years. 

 

The Appellant, Megill, claimed his convictions were flawed, the jury charge was unfair and the trial Judge was wrong to refuse his application to challenge the search of the storage unit. His response was that the case of the Crown could not prove beyond a reasonable doubt that he was in possession of these various substances found in his apartment and storage unit. He did not seek a direct verdict of acquittal at the close of the Crown's case at trial. At the trial, he did not argue it was unreasonable and he accepted that he did it and that if the evidence established possession beyond a reasonable doubt, the purpose was to traffic it. 

 

On March 9, 2015, officers confirmed with the property management that the tenants of the unit were David Davidson and Appellant Kyle Megill. The officer returned on June 18, 2015, where the property manager reported there were complaints about a lot of people coming to and exiting from the unit. On June 22, 2015, that’s when police arrived at the apartment complex with a warrant and then found the controlled substances, offence-related property and cash. 

 

Appellant’s Arguments:

The Appellant advances two principal grounds of appeal against the conviction entered at trial. He says that the trial Judge erred in:

  1. Giving an unfair and unbalanced charge to the jury; and

  2. Refusing to hear a mid-trial application on behalf of the Appellant to challenge the reasonableness of the storage unit search and the admissibility of evidence found there.

 

The appellant made five specific complaints about the charge to the jury that he says, individually or cumulatively, rendered the final instructions unfair and unbalanced. Each complaint is examined and assessed for their cumulative effect on the fairness and balance so essential to a proper jury charge.

Ground #1: the unfair and unbalanced charge. 

  1. The instructions on circumstantial evidence 

  2. The inflammatory description of GHB.

  3. The handwriting comparison. 

  4. Hearsay and the motive to fabricate 

 

Concluding grounds #1: each discrete allegation of error would be rejected.

A claim of imbalance or unfairness in a jury charge requires an assessment of the instructions as a whole, in light of the evidence adduced, and the positions put forward by the parties at trial. The jury instructions do not convey the impression that the trial Judge was navigating the jury towards conviction.

 

Ground #2: The Mid-Trial Charter Application

The second ground of appeal alleges that the trial Judge erred in failing to permit trial Counsel to bring an application under s. 8 of the Charter at trial.

 

When the parties appeared on the scheduled trial date, they indicated that they were ready for trial. There were no pre-trial Charter applications. A jury was selected. The trial began.  The second ground of appeal asserts error in the failure of the trial Judge to consider the appellant’s mental health as a mitigating factor on sentence. In some cases, mental illness can be used as a mitigating factor but for Mr. Megill, his mental health was not a factor for the misconduct. 

​

7.) R v. POIRIER, 2016 ONSC 4010

 

Judge: Justice Leroy

 

Issue: 

This is Applicant Jason Poirier’s application to quash the search warrant issued by Justice of the Peace Forgues on September 3rd, 2014, authorizing entry and search of his residence and to exclude the evidence seized as the result.

 

Rule:

There are three broad requirements of a valid search warrant:

 

  1. The informant must present the Justice with an information upon oath that provides her with factual detail sufficient to confer jurisdiction.

  2. The issuance of a search warrant is a judicial act. The Justice must act judicially in her independent assessment of the facts and in the exercise of her discretion whether to issue a search warrant.

  3. The warrant to search must contain sufficient description of the objects of the search in relation to category and offence.

 

The Defence accepts that the warrant application meets the test for sufficiency, recognized in R v Garafoli. The Defence’s argument is that failure to record a conversation between the Justice of the Peace and Detective Langlois, immediately before the detective revised his information for re-submission, makes it impossible to review their process for impartiality and fairness in the independent assessment of the facts and exercise of judicial discretion. Counsel agrees that if the warrant is quashed, the search was unreasonable and the evidence seized would be excluded as the result of a section 24(2) Charter review.

 

Legal Analysis:

Detective Langlois attended before the Justice of the Peace on September 3rd, 2014, at 11:40 hours. At 13:55 hours, after reviewing the ITO, Justice of the Peace Forgues issued a Refusal of Order – Reason for Decision.  Her endorsement refusing the initial warrant application was:  “Insufficient information provided by which an assessment of credibility/reliability of confidential informants can be made.”  There is no complaint with the endorsement.

 

Detective Langlois returned to the courthouse at 14:00 hours.  In testimony, he characterized the deficiency discussion as one of clarification. On reflection, after reviewing the amendment to the revised ITO, he testified that Justice of the Peace Forgues said she could not ascertain, from the face of the ITO submitted, whether there was one informant disclosing to two officers, or two separate informants disclosing to the two officers. Detective Langlois depicted the omission as a deficiency. This conversation was not recorded. This interaction is an issue.

 

Detective Langlois said he called his partner as he walked back to the station, so his partner could promptly revise the ITO to confirm two individual informants. He collected the revised ITO and immediately returned to the courthouse, appearing again before the Justice of the Peace at 14:10 hours. This conversation was recorded and is not an issue. Detective Langlois waited in the courthouse while the Justice of the Peace reviewed the amended ITO. The warrant was granted at 14:20 hours. 

 

Conclusion: 

The record we have does not assist in a review. The detective’s recall does not add reliability to the analysis. Whether there were one or two confidential informants could not have been the issue raised for clarification. The rejected ITO thoroughly distinguishes the confidential informants. It was clear there were separate confidential informants.

 

The test is whether the manner in which the warrant was issued can be proven demonstrably reasonable. Whether Her Worship crossed into the realm providing direction to Detective Langlois respecting the contents of the application or not is unclear.

 

Conclusion:

It would be an error to conclude from this decision that either of the officers or the Justice of the Peace engaged in the prohibited drafting partnership. Rather, it is a case where the burden on the Crown of establishing warrant validity was not met. For these reasons, the warrant is quashed.

​

8.) R v. SMITH, 2016 ONCA 544

 

Judge: Justice MacPherson 

 

Issue(s):

The Appellant, Jermaine Smith, and his co-accused, Tristan Jones and Jafari Waldron, were convicted of several firearms trafficking and drug trafficking offences. The Appellant was sentenced to five years’ imprisonment on the gun charges and seven months’ consecutive on the drug charges, less credit for 330 days of pre-trial custody.

 

The convictions occurred from a police investigation in Ottawa, Ontario, into the possession and trafficking of firearms. The primary issue on this appeal relates to the validity of the first Part VI wiretap authorization obtained by the police during their investigation and, specifically, the inclusion of the Appellant as a secondary target in that authorization.

 

The issues are:

  1. Did the application Judge err by upholding the inclusion of the Appellant as an “other known person” in the First Authorization?

  2.  Did the sentencing Judge impose an unfit sentence?

 

Rule: 

  1. The Appellant also appeals his sentence on the basis of the totality principle.

  2. The Court has released three separate sets of reasons in these appeals.

 

Legal Analysis:

Smith was charged with gun and drug trafficking charges as part of ‘Project Lancaster’ in Ottawa, Ontario. Smith was not the target of the Production Order and conceded on appeal that he did not have standing to challenge it.

 

On the application, all three accused – Jones, Smith and Waldron – challenged the First Authorization and what followed later, a Second Authorization and several search warrants. Smith’s position was that he should not have been named in the First Authorization.

 

The sole function of the reviewing court is to assess the record that was before the authorizing Judge, as amplified on review, and determine whether the authorization could have been issued. Importantly, the review has nothing to do with whether the reviewing Court would have issued the authorization.

 

The principal issue, with respect to this Applicant, concerns the sufficiency of the information to support the conclusion that intercepting this Applicant’s communications would provide evidence of the commission of an offence.

 

When considering the affidavit as a whole, there are reasonable grounds to believe that intercepting Mr. Smith’s communications would assist the investigation of an offence. Smith and Waldron have more than a simple association, as evidenced by Smith being called to assist with a police traffic stop. Furthermore, there is compelling information associating Waldron with firearms offences. Additionally, there is compelling information associating Smith with a firearm offence. There were objective grounds to believe that intercepting Smith’s private communications would yield evidence of the offences being investigated. The Appellant appeals from this ruling. He also appeals his sentence.

 

The Appellant submits that the factual information about him provided in the police affidavit – a tip from a confidential informant, four police observations of the Appellant with the co-accused Waldron over a five year period, and the Appellant’s attendance to assist Waldron at a police stop – were insufficient to justify his inclusion as an “other known person” in the First Authorization. Accordingly, the application Judge erred by finding his inclusion was justified.

 

The threshold for naming a party as a “known” party is a low one. Police need not have reasonable and probable grounds to believe that the party is involved in the commission of an offence. Rather, it is sufficient if police know the identity of the party and have reasonable and probable grounds to believe that interception of that party’s communications may assist in the investigation of an offence.

Conclusion: 

The Appellant was convicted of seven offences. He received a five-year sentence for the firearm offences and a seven-month consecutive sentence for the drug offences, for a total sentence of five years and seven months. He was given credit for 330 days of pre-trial custody.

 

The Appellant contends that a global sentence of five years and seven months is too high – it violates the totality principle. He submits that the sentence should be reduced to five years. Essentially, his argument is that the sentence for the drug offences should be imposed concurrently as the offences were conducted over the same time frame. Other arguments as to sentences were advanced in the Appellant’s factum, but were abandoned in oral submissions.

 

Conclusion:

The sentencing Judge in this case made none of these errors. The sentencing Judge considered the totality of the circumstances and the difference between the firearm and drug sentences. The imposition of consecutive sentences and a global sentence of five years and seven months were both reasonable. The appeal was dismissed.

​

9.) R v. STEWART, 2017 ONSC 7193

 

Judge: Justice Bale 

 

Background:

Following the execution of search warrants issued under the Controlled Drugs and Substances Act, and the Criminal Code, the accused was charged with a number of drug and weapons offences. The warrants authorized searches of two units, in an apartment building, at the Town of Whitby, Ontario.

 

Rule:

The accused challenged the validity of the search warrants, and applied under sections 8 and 24(2) of the Canadian Charter of Rights and Freedoms, for an order that the evidence obtained upon execution of the warrants be excluded from the evidence to be given at trial.

 

For each of the two apartment units, there were two Informations to Obtain (ITO), one under the Code, and one under the CDSA. The ITO relied upon information provided by two confidential informants, and as a result, they were redacted.

 

The Crown conceded that the vetted ITO disclosed to the accused would not support issuance of the warrants, but argued that the unvetted ITO submitted to the issuing Justice was sufficient.

 

Legal Analysis:

Following the review of the ITOs, an ex parte hearing was held as Crown counsel. Crown counsel had agreed to make changes to the judicial summary. The agreed-upon changes were intended to increase the usefulness of the summary to the defence.

 

The Defence counsel then moved for an order, allowing him to cross-examine the affiant of the ITO, on certain defined issues. For oral reasons given at the time, leave was granted to cross-examine on some but not all of those issues. Following the cross examination, arguments about the competence of the judicial summary were heard, as well as with respect to material in the ITO that defence counsel argued should be excised, and as a result, a number of excisions were made. 

 

At the conclusion of the hearing, the defence motion was dismissed with written reasons to follow. The trial then proceeded, and on December 22, 2016, the accused was found guilty of possession of a prohibited or restricted firearm with ammunition, possession of marijuana for the purpose of trafficking, and possession of cocaine for the purpose of trafficking.

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Example of Excision of information contained in redacted Information to Obtain (ITO):

At the end of a mostly redacted paragraph in the overview to Appendix C, the deponent made the following statement: “surveillance was conducted on numerous occasions, and much of the Confidential Source’s information was corroborated.” Defence counsel argued that this statement should be excised, because there was only evidence of two occasions of surveillance, and very little evidence of actual surveillance. Crown counsel did not oppose the requested excision, but responded by saying that the statement was conclusory only, and that the issuing Justice would have come to his own conclusions, based upon the contents of the ITO. 

Both the frequency of the surveillance, and the amount of corroboration, were overstated, and the statement was therefore excised.

The core of the ITO was the information provided by the confidential informants. Virtually, all of this information was redacted in the copy of the ITO produced to the accused. Where evidence of confidential informants is relied upon in support of a search warrant, the evidence must not only be compelling, it must come from a credible source, and be corroborated by police investigation.

The evidence of the confidential informants was compelling, by virtue of the level of detail provided.

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ITO Information Disclosed:

The following information was disclosed in the ITO:

•        whether he or she had a criminal record;

•        whether he or she was currently facing any charges;

•        whether he or she had previously provided information to Toronto Police Services;

•        his or her motivation for providing information to the police; and

•        how he or she obtained the information given to the police.

Case Summaries 26