Canada Case Law

Palackamthundathil v. Paul

Court

Supreme Court of Nova Scotia

Father bore the onus to prove on a balance of probabilities that relocation to India was not in Adam's best interests (child spent the vast majority of time with mother); he failed to discharge that burden because the mother's plan offered stability, housing, employment and family support in India and the father's plan was contingent and uncertain; therefore relocation was permitted, primary care awarded to the mother, with specified decision-making, information and contact orders and a child support obligation ordered of $274/month.

Source excerpt

• Relocation
• Best interests of the child
• Parenting time
• Burden of proof
• Decision-making authority
• Child support

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R. v. Singh

Court

Supreme Court of British Columbia

Sentencing for manslaughter and aggravated assault after a fatal family stabbing in Surrey. The court imposed 10 years for manslaughter and concurrent two-year assault terms.

• Manslaughter
• Aggravated assault
• Sentencing principles
• Pre-trial custody credit
• Ancillary orders (dna, firearms prohibition)
• Manslaughter-sentencing

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R. v. G.J.M.

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia increased a sexual-offence sentence after finding errors in principle in the judge’s treatment of mental health, trust, and collateral consequences.

• Friesen harm-based sentencing
• Moral blameworthiness
• Position of trust spectrum
• Child pornography sentencing
• Totality principle
• Collateral consequences

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R. v. Goldberg

Court

Supreme Court of British Columbia

Sentencing for two attempted murders and possession of explosive substances: concurrent 9.5-year terms for each attempted murder, 18 months for explosives, plus ancillary orders.

• Attempted murder
• Possession of explosive substances
• Pre-sentence custody credit
• Probation order
• Weapons prohibition
• Dna order

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R. v. Sterling

Court

Court of Appeal for Ontario

The Court dismissed the conviction appeal because the trial judge's finding that there was no search was reasonable and supported by the record; it refused to entertain s.10(b) and detention arguments raised for the first time on appeal; the evidence would be admissible under s.24(2) and the sentence (4.5 years) will not be reduced despite deportation consequences.

Source excerpt

• Search and seizure
• Detention
• Right to counsel s.10(b)
• S.8 charter
• S.24(2) exclusion
• Sentence appeal

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R. v. Chan

Court

British Columbia Court of Appeal

The court admitted the fresh medical evidence because it met the Palmer criteria and, having considered the evidence and appellant's reduced cognitive capacity and time served, concluded a fit sentence was time served; accordingly leave to appeal was granted and the sentence on all offences was reduced to time served, but the court rejected reducing the sentence to two years less one day to enable a deportation appeal given the seriousness of the offence and appellant's significant participation.

Source excerpt

• Fresh evidence
• Brain injury mitigation
• Culpability
• Parity of sentences
• Statutory release
• Leave to appeal

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R. v. Sutherland

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia extended time, admitted fresh evidence, granted leave to appeal, and reduced concurrent custodial sentences from two years to two years less one day.

• Extension of time
• Leave to appeal
• Fresh evidence
• Sentence reduction
• Concurrent sentences
• Extension-of-time

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R. v. Tse

Court

Supreme Court of British Columbia

Bail was denied to Huong Dac Doan in a kidnapping and extortion prosecution. The court found detention justified on the secondary and tertiary grounds.

• Bail
• Secondary ground for detention
• Tertiary ground for detention
• Kidnapping
• Extortion
• Identification evidence

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R. v. Chahal and Dillon

Court

Supreme Court of British Columbia

Following jury convictions for attempted murder and related violence, the court imposed 14-year concurrent sentences, with credits for time served and no extra parole bar.

• Attempted murder
• Aggravated sexual assault
• Assault with a weapon
• Unlawful confinement
• Sentencing parity and precedents
• Kienapple principle

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Adegbola v. Rivard et al.

Court

Supreme Court of Canada

The Supreme Court of Canada held that the appeal was abandoned under Rule 59 because it was not brought on for hearing within one year.

• Appeal abandonment
• Rule 59 of the rules of the supreme court of canada
• Deportation order
• Appeal-abandonment
• Supreme-court-rules
• Deportation-order

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