Canada Case Law

Lipskaia v. Canada (Attorney General)

Court

Federal Court of Appeal

The appeal is dismissed because the Federal Court correctly exercised jurisdiction to review the Passport Division decision, procedural fairness obligations were met, and the Passport Division’s decision to revoke the passport and impose a seven-year refusal period was reasonable in light of extensive and corroborative evidence linking the appellant to the identity of Randall Robert Wiese and showing the passport was obtained through false or misleading information.

Source excerpt

• Passport revocation
• Jurisdiction of federal court
• Procedural fairness assessment
• Standard of review (reasonableness)
• Identity evidence

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R. v. Crocker

Court

Supreme Court of British Columbia

Sentencing for large-scale counterfeiting and related offences. The court imposed 48 months total, with 10-year weapons and DNA orders and forfeiture.

• Escape from lawful custody
• Possession of methamphetamine
• Possession for purpose of trafficking
• Making counterfeit money
• Possessing firearm without licence
• Impersonation to gain advantage

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R. v. Cooper

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal refused leave to appeal sentence after finding a prima facie fraud on the court arising from false identity and a false no-record position.

• Sentencing principles
• Denunciation
• Concurrent and consecutive sentencing
• Fraud on the court
• Leave to appeal
• Inherent jurisdiction

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R. v. McNeil

Court

British Columbia Court of Appeal

The Court of Appeal upheld an 18-month sentence for possession of stolen mail keys, stolen mail, and forged identification, rejecting claims of excess and sentencing error.

• Possession of instruments
• Identity theft
• Pre-sentence custody credit
• Step-up principle
• Judicial notice of community impact
• Inference from possession

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R. v. Boyle

Court

British Columbia Court of Appeal

Appeal dismissed from a conviction for personation under s. 403(a); the court held that obtaining a false identity could itself be an advantage and upheld admission of prior records.

• Personation
• Intent to gain advantage
• Admissibility of prior records
• Motive evidence
• Criminal-evidence
• Intent

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