Canada Case Law

R. v. Dinh

Court

British Columbia Court of Appeal

The Court dismissed the appeal: the authorizing officer had objectively reasonable and probable grounds for the warrantless arrest based on a corroborated Crime Stoppers tip and surveillance; the initial 47‑minute delay in facilitating counsel was reasonable in all the circumstances; although the trial judge erred in parts of his s.24(2) assessment of seriousness, a fresh balancing of Grant factors still favoured admission because the impact on the accused was minimal and the drug evidence was reliable and central to the Crown's case.

Source excerpt

• Warrantless arrest
• Section 9 arbitrary detention
• Section 10(b) right to counsel
• Section 24(2) exclusion of evidence
• Reasonable and probable grounds
• Informer privilege

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Ayaz v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court dismissed judicial review of an IRCC refusal of a permanent residence application as incomplete, finding the officer reasonably relied on the application record.

• Permanent residence application
• Police certificates
• Ineffective assistance of counsel
• Judicial review
• Reasonableness review
• Judicial-review

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Gill v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a RAD decision and upheld the finding that the applicant had a viable internal flight alternative in Delhi or Lucknow.

• Internal flight alternative
• Convention refugee determination
• Person in need of protection
• Reasonableness review (vavilov)
• National police tracking systems
• Internal-flight-alternative

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R. v. White

Court

Nova Scotia Court of Appeal

The sentencing judge erred as a matter of law by relying on Bratzer, an exceptional and materially distinguishable precedent, which led to a failure to apply the proportionality principle and the primacy of denunciation and deterrence; the Court allowed the Crown appeals, set aside the conditional sentence and substituted a fit global sentence of four years' imprisonment with specified surrender and credit directions.

Source excerpt

• Sentencing principles
• Proportionality
• Denunciation
• Deterrence
• Conditional sentence
• Irca/social context evidence

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Diallo c. Canada (Citoyenneté et Immigration)

Court

Federal Court

La Cour fédérale rejette le contrôle judiciaire d’une décision de la SAR confirmant le refus d’asile, jugeant raisonnables les conclusions défavorables à la crédibilité du demandeur.

• Asylum
• Credibility assessment
• Sexual orientation
• Religion
• Standard of review
• Country conditions

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R. v. R.N.

Court

Court of Appeal for Ontario

Appeal allowed and a new trial ordered after the Court found the trial judge misapplied W.(D.) and used disbelief of the accused as a makeweight for guilt.

• W.(d.) credibility test
• Credibility and reliability
• Deliberate fabrication
• New trial
• Evidence insufficiency
• Collusion

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R. v. Hashi

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal from sentence, upholding an indeterminate sentence for dangerous offender findings based on violent history and unmanaged risk.

• Dangerous offender
• Sentencing
• Long-term supervision order
• Mental disorder
• Risk assessment
• Treatment compliance

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Mokrycke v. Canada (Attorney General)

Court

Federal Court

Federal Court dismissed judicial review of a remission refusal, finding the Director General reasonably concluded the applicant had not shown extenuating circumstances or procedural unfairness.

• Remission of taxes (s.23(2) faa)
• Tax reassessment and objections
• Standard of review (reasonableness)
• Procedural fairness and delay
• Admissibility of evidence on judicial review
• Reliance on tax representatives

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Yin v. Zhang Estate

Court

British Columbia Court of Appeal

Extension of time was granted because appellants demonstrated a continued bona fide intention to appeal, respondents would not be unduly prejudiced by the delay, and it was in the interests of justice to decide the appeal on its merits; security for costs was ordered because appellants are in precarious financial circumstances, there is a real risk of non-recovery, the appeal's merits are weak, and the balance of prejudice favours requiring security for both the appeal and the Supreme Court proceedings.

Source excerpt

• Extension of time to file appeal record and factum
• Security for costs of appeal and trial
• Substitutional service and adding non-parties
• Stay of enforcement
• Remedial constructive trust
• Punitive damages

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Tehama Group Inc. v. Pythian Services Inc.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Tehama Group Inc.’s appeal from the dismissal of its application to set aside an arbitral award under the UNCITRAL Model Law.

• Set aside arbitral award
• Uncitral model law article 34
• Natural justice
• Standard of review
• Procedural objections in arbitration
• Arbitration

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