Canada Case Law

R. v. Handlen

Court

Supreme Court of British Columbia

Applying Hart with Bradshaw guidance the court found the Jack Homicide confession reached threshold reliability and its probative value outweighed prejudicial effect and therefore admitted it subject to further applications; the Herbert Homicide confession did not reach threshold reliability because the circumstances (confession made after prior confession and strong motive to fabricate) and lack of independent, non-public corroboration meant the prejudicial risk outweighed probative value, and it was excluded.

Source excerpt

• Mr. big operations
• Admissibility of confessions
• Reliability assessment under r v hart
• Corroboration guidance in r v bradshaw
• Abuse of process (not raised)

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R. v. Moir

Court

Supreme Court of British Columbia

The court refused to admit the accused’s recorded phone call with his mother unless he testified, finding the statement was self-serving hearsay and not saved by any exception.

• Admissibility of prior statements
• State of mind evidence
• Mixed-statement exception
• Mr. big/hart doctrine
• Narrative evidence
• Demeanour evidence

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R. v. Balbar

Court

Supreme Court of British Columbia

Voir dire on Mr. Big evidence in a second-degree murder case. The court applied Hart, found no abuse of process, and admitted limited Mr. Big materials.

• Mr. big technique
• Confession admissibility
• Probative value vs prejudicial effect
• Abuse of process
• Voir dire
• Expert evidence on intellectual disability

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R. v. Ratte

Court

British Columbia Court of Appeal

British Columbia Court of Appeal dismissed a murder conviction appeal, holding that disputed character, opinion, and hearsay evidence did not warrant a new trial.

• Admissibility of character evidence
• Lay witness opinion
• Limiting instructions
• Hearsay and tactical waiver
• Curative proviso s.686(1)(b)(iii)
• Mr. big undercover confessions

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R. v. Felker

Court

British Columbia Court of Appeal

Court of Appeal affirms a second-degree murder conviction, holding an erroneous jury instruction on the truth of incriminating statements was cured by overwhelming corroborative evidence.

• Mr. big confessions
• Jury instructions
• Curative proviso s.686(1)(b)(iii)
• Duncan instruction
• Confession corroboration
• Publication ban s.486.5(2)

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R. v. M.(T.C.)

Court

Supreme Court of British Columbia

In a youth murder trial, the court found the Crown had not proven beyond a reasonable doubt that the accused was the shooter, despite inculpatory Mr. Big admissions.

• Mr. big technique
• Confession reliability
• Identification evidence
• Standard of proof
• Circumstantial evidence
• Mr-big-technique

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R. v. Roop

Court

Supreme Court of British Columbia

Voir dire on admissibility of statements in a murder case. The court held the accused suspected the undercover officer was police, but the alleged inducement did not make the statements involuntary.

• Admissibility of confessions
• Person in authority test
• Voluntariness of statements
• Undercover/mr. big operations
• Inducement and quid pro quo
• Admissibility-of-confessions

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R. v. Kerster

Court

Supreme Court of British Columbia

The court held that attempt liability under s. 212(4) of the Criminal Code was made out even though the alleged child victim did not exist, because the accused intended the offence and went beyond mere preparation.

• Attempt
• Procuring/obtaining sexual services
• Impossibility defence
• Actus reus and mens rea of attempt
• Interpretation of 'person' in statutory offence
• Precedent: dynar

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