This week’s top three summaries: R v TD, 2024 ABKB 605: #voluntariness, R v Williams, 2024 ONSC 6707: s.8: indiscernible items, and R v Gorges, 2024 ONCA 870: s.276 #procedure R v TD, 2024 ABKB 605 [October 11, 2024] Voluntariness – Oppressive Conditions – Complete Emotional Disintegration [Justice C.B. Thomson]  AUTHOR’S NOTE: This case emphasizes that the phrase “complete emotional disintegration” is not a strict legal test but rather a descriptive shorthand used to highlight circumstances where the voluntariness of a confession is called into question. It serves as a reminder that asse ..read more

This week’s top three summaries: R v Tanner, 2024 MBCA 87: #self-defence, R v RPP, 2024 SKCA 102: #bad character, and R v Newby, 2024 ABCA 360: #parties to trafficking R v Tanner, 2024 MBCA 87 [November 6, 2024] Self Defence: Alternatives are Considered Relative to the Imminence of the Threat [Reasons by Jennifer Pfuetzner J.A. with Christopher Mainella and David Kroft concurring]  AUTHOR’S NOTE: This case offers a clear summary of two key factors in the analysis of self-defense: Alternatives to Use of Force: The availability of alternatives to using force must be assessed in light of the ..read more

This week’s top three summaries: R v Samuels, 2024 ONCA 786: s10(b)/24(2) SW #delay, R v Stettner, 2024 SKCA 101: #ineffective appeal, and R v BB, 2024 ONCA 788: Browne v Dunn #jury R v Samuels, 2024 ONCA 786 [October 28, 2024] Charter s.10(b)/24(2) Delay of Counsel Contact for Search Warrants [Reasons by Dawe J.A. with L. Madsen J.A. concurring and J.C. MacPherson J.A. concurring with separate reasons]  AUTHOR’S NOTE: In cases where search warrants are executed on a property, courts have historically accepted police practices that limit an accused’s immediate right to counsel (s.10(b) of ..read more

This week’s top three summaries: R v Roy, 2024 SKCA 98: #possession, R v Gill, 2024 ABKB 623: recovered #memory, and R v Russel, 2024 BCCA 353: mental health #mitigation R v Roy, 2024 SKCA 98 [October 22, 2024] Circumstantial Evidence of Possession [Reasons by Jillyne M. Drennan J.A. with Robert W. Leurer C.J. and Catherine L. Dawson J.A. concurring]  AUTHOR’S NOTE:  In criminal law, establishing possession involves demonstrating both knowledge and control over the item in question. However, control cannot simply be assumed from someone’s access to a location where contraband is foun ..read more

This week’s top three summaries: R v Zamer, 2024 ONSC 4884: #challenge for cause, R v DAD, 2024 YKCA 9: min sentence #overturned, and R v Chartrand, 2024 BCCA 355: Browne v Dunn R v Zamer #5, 2024 ONSC 4884 [September 13, 2024] Challenge for Cause Process: Jury Questionnaire and Priming [Molloy J.]  AUTHOR’S NOTE: This case offers valuable insight into effective practices for jury selection questionnaires, emphasizing open-ended and interactive questioning to uncover and address potential biases. Justice Molloy critiques traditional methods, such as the R v Parks question and standar ..read more

This week’s top three summaries: R v Whitehawk, 2024 SKCA 95: #gang challenge, R v Lewis, 2024 ONSC 5261: counsel #table, and R v Batista, 2024 ONSC 5455: #functus officio R v Whitehawk, 2024 SKCA 95 [October 9, 2024] Challenge for Cause: Gang Membership [Reasons by Jeffrey D. Kalmakoff J.A. with Brian A. Barrington-Foote and Jillyne M. Drennan concurring]  AUTHOR’S NOTE: In this case, the Saskatchewan Court of Appeal revisited the law governing challenges for cause in jury selection, with a particular focus on juror bias. The Court engaged with the key principles outlined in the Supreme ..read more

This week’s top three summaries: R v Gallant, 2024 ABKB 541: s.8 #ruse stop, R v Reimer, 2024 ABCJ 188: #disturbance & #mischief, and R v Clyke, 2024 NSCA 66: re-opening #appeal R v Gallant, 2024 ABKB 541 [September 16, 2024] Charter s.8: Ruse Traffic Stop [Justice Eleanor J Funk]  AUTHOR’S NOTE: In this case, Justice Funk provided a critical analysis of the line between lawful “dual purpose” traffic stops and unlawful “ruse” stops under section 8 of the Charter, which protects individuals from unreasonable search and seizure. The police may conduct stops under provincial statutes for ..read more

This week’s top three summaries: R v Charles, 2024 SCC 29: #principled exception, R v R.A., 2024 ONCA 696: #spontaneous utterance, and R v DPT, 2024 ABCA 299: cross-count #evidence R v Charles, 2024 SCC 29 [September 25, 2024] The Principled Exception to Hearsay [Majority Reasons by Moreau J. with Karakatsanis, Martin, and Jamal JJ. concurring]  AUTHOR’S NOTE by K. SITAR: This appeal turned on the admissibility of an out-of-court written statement provided by a Crown witness, KA. When called to testify, KA claimed to have no recollection of the events in question. Concluding the trial jud ..read more

This week’s top three summaries: R v Viau, 2024 ABCA 291: s271 #crying out, R v Stettner, 2024 SKCA 88: extrinsic #misconduct, and R v Brazil, 2024 ABKB 390: 11(b) #stay under 30. R v Viau, 2024 ABCA 291 [September 6, 2024] Sexual Assault: Myths and Crying Out for Help [Reasons by Jack Watson J.A. with Michelle Crighton and Jolaine Antonio JJ.A. concurring]  AUTHOR’S NOTE: In Canadian sexual assault trials, myths and stereotypes about complainants, such as the expectation that a victim would immediately cry out for help, are prohibited from being used to assess credibility or determine an ..read more

This week’s top three summaries: R v Reimer, 2024 ONCA 519: s.276 #texts, R v McKay, 2024 SKCA 72: #toxicology evidence, and R v Smockum, 2024 SKCA 81: #silence in medical interviews R v Reimer, 2024 ONCA 519 [July 2, 2024] s.276: Texts Discussing Plans for Future Sexual Activity [Reasons by L. Paciocco J.A. with Janet Simmons J.A. and C.W. Hourigan concurring]  AUTHOR’S NOTE: In sexual assault trials, the admissibility of prior sexual communications between a complainant and an accused is a contentious issue, balancing the privacy rights of the complainant with the court’s obligation to ..read more