Canada Case Law

R. v. R.K.

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge did not err in proceeding: the appellant had prior opportunities and a legal aid certificate, explicitly chose to proceed without further adjournment while in prolonged custody, consented to limited court-appointed counsel for cross-examination, and the assistance provided by the judge was sufficient such that the trial as a whole was not unfair.

Source excerpt

• Unrepresented accused
• Judicial duty to assist
• Adjournment
• Appointment of counsel for limited purpose
• Legal aid

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R. v. Ziegler

Court

British Columbia Court of Appeal

The Court of Appeal held that the trial judge erred in excluding the accused’s statements to paramedics for their truth, but the error was harmless and the conviction stood.

• Sexual assault
• Admissibility of accused's statements
• Res gestae and principled approach to hearsay
• Harmless error and new trial under s.686(1)(b)(iii)
• Right to fair trial and tactical decisions
• Sexual-assault

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R. v. Kokotailo

Court

Supreme Court of British Columbia

On a retrial for first degree murder, the court allowed a challenge for cause after publicity about the accused’s prior conviction created a realistic potential of juror partiality.

• Challenge for cause
• Juror impartiality
• Retrial
• Section 638(1)(b) criminal code
• Challenge-for-cause
• Juror-impartiality

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R. v. Ha

Court

Court of Appeal for Ontario

The nondisclosure that Mr. Johnson was never charged impaired the appellant's right to full answer and defence and affected overall trial fairness; accordingly the conviction must be quashed and a new trial ordered.

Source excerpt

• Disclosure obligations
• Right to full answer and defence
• New trial remedy

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R. v. Jones

Court

British Columbia Court of Appeal

The Court of Appeal set aside Timothy Michael Jones’s sexual assault conviction and ordered a new trial after finding the self-represented accused had not been properly assisted.

• Sexual assault
• Duty of trial judge to assist self-represented accused
• Legal aid
• New trial
• Self-representation
• Fair-trial

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