Canada Case Law

R. v. Stordy

Court

Court of Appeal for Ontario

The trial judge erred in applying an incorrect mens rea test by requiring intent to carry out the agreement; however his reasons do not disclose a clear finding on the actus reus (whether a genuine agreement was formed). Because the record does not establish inevitability of conviction and the factual question of whether a true agreement existed remains open, the appropriate remedy is to allow the Crown's appeal and order a new trial on Count #1 rather than enter a conviction.

Source excerpt

• S.172.2 criminal code
• Mens rea
• Actus reus
• Undercover policing
• Agreement/conspiracy
• New trial

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R. v. Quinones

Court

British Columbia Court of Appeal

Appeal dismissed in a criminal case involving sexual offences, child pornography and obstruction. The court upheld the convictions and found no error in the jury instructions.

• Mistake of fact (age)
• Jury instruction (w. (d.))
• Inconsistent verdicts
• Reasonable steps to ascertain age
• Sexual interference
• Making child pornography

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Warman v. Guille

Court

Canadian Human Rights Tribunal

The Tribunal directed the hearing to be held in Toronto because, although the place most connected may be the respondent's metropolitan area, both parties would suffer significant hardship if required to attend the opposing party's preferred venue and Toronto best accommodates the parties and witnesses.

Source excerpt

• Section 13(1) canadian human rights act
• Venue
• Jurisdiction
• Hate speech

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