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Criminal law 2024 BCSC 1636

R. v. Reed

The court ruled on admissibility of the accused’s statements and related text messages in a judge-alone murder trial, admitting some statements and excluding others.

  • Party admissions
  • Prior consistent statements
  • Narrative as circumstantial evidence
  • Probative vs prejudicial balancing
  • Relevance
  • Party-admissions
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Criminal law 2024 BCSC 2618

R. v. Reed

The court partly granted a Crown voir dire application, admitting selected statements and texts as party admissions or for limited narrative purposes, while excluding the rest as more prejudicial than probative.

  • Party admissions
  • Narrative exception
  • Prior consistent statements
  • Probative vs prejudicial balancing
  • Party-admissions
  • Hearsay
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Immigration law 2023 FC 337

Azariashvili v. Canada (Public Safety and Emergency Preparedness)

The Federal Court allowed judicial review of an Immigration Division deportation order, finding the reasons unreasonable because they did not explain how the applicant’s work significantly aided the CSD’s criminal purpose.

  • Complicity
  • Crimes against humanity
  • War crimes
  • Standard of review
  • Reasonableness
  • Statutory interpretation
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Immigration law 2022 FC 648

Gill v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a work permit refusal, holding the visa officer’s findings on marriage genuineness and misrepresentation were reasonable.

  • Work permit
  • Misrepresentation under s.40(1)(a) irpa
  • Genuineness of marriage under s.4(1) irpr
  • Standard of review — reasonableness
  • Obligation to answer truthfully (s.16(1) irpa)
  • Immigration-law
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Criminal law 2021 BCSC 1803

R. v. Alkhalil

The court admitted a deceased witness’s ante mortem statements and a related text message, largely for narrative and state-of-mind purposes, and two statements for their truth.

  • Ante mortem statements
  • Principled approach to hearsay
  • State of mind and present intention
  • Narrative/context evidence
  • Necessity and reliability
  • Motive and animus
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Criminal law 2006 BCSC 654

R. v. Narwal

On sentencing voir dire, the court refused the Crown's proposed crime-trend and community-response evidence, finding it unreliable and unnecessary for general deterrence.

  • General deterrence
  • Statistical evidence
  • Community-specific evidence
  • Weight and reliability of expert/crime analyst evidence
  • Sentencing
  • Evidence-admissibility
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Criminal law 2005 BCSC 985

R. v. Crossley

The court dismissed a Crown application to admit videotaped photopack identification evidence, finding no positive prior identification and serious reliability concerns.

  • Prior identification
  • Videotaped photopack/line-up
  • Best evidence
  • Sophonow inquiry procedures
  • Prejudicial vs probative assessment
  • Prior-identification
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Criminal law 2004 BCSC 812

R. v. Malik and Bagri

Voir dire on admissibility of Hardial Singh Johal’s Pocket Pal diary under the principled hearsay exception; the court found authorship, necessity, and threshold reliability.

  • Principled approach to hearsay
  • Necessity
  • Threshold reliability
  • Diary/journal evidence
  • Right to full answer and defence
  • Cross-examination prejudice
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Criminal law 2004 BCSC 321

R. v. Bartkowski

Pre-trial voir dire on Brown’s post-offence conduct. The court admitted most of the Crown’s evidence as potentially probative of flight and guilt, but excluded Brown’s call to Roy.

  • Post-offence conduct
  • Flight and consciousness of guilt
  • Relevance
  • Probative vs prejudicial balancing
  • Principled hearsay exception
  • No probative value jury direction
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Criminal law 2003 BCSC 1515

R. v. Smaaslet

On a voir dire, the court held that I.C.’s evidence about the accused using knives was inadmissible similar fact evidence because its reliability was not established.

  • Similar fact evidence
  • Admissibility
  • Reliability
  • Prejudicial vs probative
  • Memory contamination
  • Witness credibility
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.