Canada Case Law

R. v. Majcher

Court

Supreme Court of British Columbia

Although re-election to a judge-alone trial reduces some risks of moral and reasoning prejudice, the proposed similar fact evidence offers only modest probative value and would still create significant prejudice: documentary material would distract the trial, risk a trial-within-a-trial, and likely compel the accused to testify; therefore the evidence remains inadmissible and the Crown's reconsideration application is dismissed.

Source excerpt

• Similar fact evidence
• Reconsideration of evidentiary ruling
• Judge-alone trial
• Propensity reasoning
• Prejudicial effect vs probative value

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R. v. Majcher

Court

Supreme Court of British Columbia

Facial challenge to a search-warrant ITO succeeded because the ITO did not provide a sufficient factual basis to support reasonable grounds under s. 487(1)(b).

• Facial review of information to obtain
• Search warrant validity under s.487 criminal code
• Section 8 charter - unreasonable search and seizure
• Security of information act s.20 allegations
• Rule against narrative and conclusory statements
• Reasonable grounds/standard of proof

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R. v. Majcher

Court

Supreme Court of British Columbia

The court held that William Robert Majcher’s July 18 and 19, 2023 post-arrest statements were voluntary and admissible, rejecting the claim of an evidentiary gap.

• Voluntariness of statements
• Police conduct
• Right to counsel
• Search incident to arrest
• Promises and threats
• Admissibility of evidence

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