This week’s top three summaries: R v Chen, 2025 ONCA 135: s.14 #interpreter, R v Nettleton, 2025 ONCA 155,  GP and #arraignment, #penitentiary, R v Roshuk-Finch, 2025 ABCA 85: #step principle R v Chen, 2025 ONCA 168 [March 6, 2025] Charter s.14 – The Right to Interpretation [Reasons by Pepall J.A. with A. Harvison Young and L. Sossin JJ.A concurring]  AUTHOR’S NOTE: The s.14 Charter right to an interpreter ensures that individuals who do not understand the language of court proceedings have the same opportunity to understand and be understood as if they were fluent in the language us ..read more

This week’s top three summaries: R v Ordonio, 2025 ONCA 135: s.8 #voluntariness & time, R v Deverze, self #defence and weapon and R v Hallman, 2025 ONCA 123: #provocation R v Ordonio, 2025 ONCA 135 [February 25, 2025] Voluntariness: Length of the Interrogation and the Reid Technique [Reasons by David Brown J.A. with Janet Simmons and L. Favreau JJ.A concurring]  AUTHOR’S NOTE: The Reid Technique has been widely litigated in criminal cases, and while this decision did not explicitly add it to the common law confessions rule, it provides a persuasive analysis of its problematic nature ..read more

This week’s top three summaries: R v Payne, 2025 NSCA 10: s.8 #warrant review, R v Ozeir, s.9 individual #grounds and R v Trepanier, 2025 ONSC 1200: #principled exception R v Payne, 2025 NSCA 11 [February 20, 2025] Charter s.8: Search Warrant Review: Identification of the Suspect [Reasons by Beaton J.A. with Van den Eynden and Derrick JJ.A concurring]  AUTHOR’S NOTE: Police have extensive resources to identify suspects, including databases with photos, property records, and prior contacts linked to phone numbers or addresses. In many cases, this makes suspect identification non-contentiou ..read more

This week’s top three summaries: R v Sheepway, 2025 YKCA 1: #parole & pre-trial custody, R v Khamvongsa, 2025 ABCA 43: #inconsistencies and R v Wendt and Ferri, 2025 ONSC 812: s.8 home #safety search R v Sheepway, 2025 YKCA 1 [February 11, 2025] Harsh Pre-Trial Conditions and Parole Eligibility on Second Degree Murder [Reasons by Griffin J.A. with Butler J.A concurring and Charlesworth J.A. dissenting]  AUTHOR’S NOTE: A second-degree murder conviction requires a life sentence, but the sentencing judge has discretion to set parole eligibility between 10 and 25 years. This decision, fol ..read more

This week’s top three summaries: R v T.S., 2025 BCCA 25: #consent & role play, R v Khamvongsa, 2025 BCCA 33: 24(2) on s.8 breach and R v Stevenson, 2025 SKCA 13: DO #sentencing R v T.S., 2025 BCCA 25 [January 31, 2025] Sexual Assault: Role Play and Consent [Reasons by Horsman J.A. with Fenton and Iyer JJ.A. concurring]  AUTHOR’S NOTE: Sexual role play involving a lack of consent as part of the act presents complex legal challenges. Under Canadian law, broad advance consent is prohibited—only consent given at the time of the specific sexual activity is valid. In this case, the planned ..read more

This week’s top three summaries: R v Boucher, 2025 ABKB 56: charges #severance, R v Leonard, 2025 ONCA 57: insufficient #reasons and R v Buonomo, 2025 ONCA 62: BPA #fentanyl R v Boucher, 2025 ABKB 56 [January 30, 2025] Severance of Charges: Murder and Other Offences [Lisa A. Silver J.]  AUTHOR’S NOTE: Severance of charges can be crucial for the defence in several ways. An accused may wish to testify on some charges but not others. In jury trials, multiple charges can create undue prejudice, making it difficult for jurors to disregard bad character evidence and avoid improper propensity re ..read more

This week’s top three summaries: R v Haley, 2025 ONSC 265: s.7 #disclosure, R v AV, 2025 ONSC 57: #similar fact, and R v Lemay-Storms, 2025 ABKB 39: #principled exception R v Haley, 2025 ONSC 265 [January 16, 2025] Charter s.7: Past Complainant Violence Video and Collateral Fact [J.R. Presser J.]  AUTHOR’S NOTE: The Crown often opposes disclosing a complainant’s past misconduct outside of criminal records. In this case, the defence sought video evidence of past violence involving the complainant, which had led to a peace bond. While peace bonds have little probative value, the recording w ..read more

This week’s top three summaries: R v Reves, 2025 ABCA 5: s.715.1 #statements, R v SLB, 2024 ABCA 412: #historical memory, and R v RB-C, 2024 ONCA 930: 11(b) post-conviction R v Reves, 2025 ABCA 5 [January 9, 2025] Admissibility of s.715.1 Statements: Context of Prior Disclosures [Bernette Ho, Jane Fagnan, Karan M. Shaner JJ.A.]  AUTHOR’S NOTE: This case offers a significant reminder of the procedural and substantive safeguards required when the Crown seeks to rely on section 715.1 of the Criminal Code to admit a child witness’s out-of-court statement as their testimony. The decision highl ..read more

This week’s top three summaries: R v DGA, 2024 SKCA 114: prior ID non-stranger, R v Watson, 2024 ONSC 6781: #duress, and R v Osaigbovo, 2024 ONSC 6914: no reasons = #mistrial R v DGA, 2024 SKCA 114 [December 10, 2024] Identification Evidence: Non-Strangers and Prior Identifications [Reasons by Tholl J.A. with Kalmakoff and McCreary JJ.A. Concurring]  AUTHOR’S NOTE: This case succinctly distinguishes the evidentiary treatment of identification in stranger versus non-stranger cases and the admissibility of prior consistent statements in these contexts. Key Points and Analysis: Stranger Iden ..read more

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