Canada Case Law

R. v. Hawco

Court

British Columbia Court of Appeal

The trial judge's instructions misdescribed the fact-finding process by directing jurors to treat disputed facts established on a balance of probabilities and by suggesting a discrete two-step deliberative process, creating a real risk the jury convicted on less than proof beyond a reasonable doubt; the conviction was set aside and a new trial ordered; the Crown's sealing request was dismissed as unnecessary given the publication ban and record access policy.

Source excerpt

• Reasonable doubt
• Fact-finding process
• Jury charge misdirection
• Sexual assault
• Crown disclosure
• Records regime s.278.1

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R. v. D.P.R.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted the Crown’s motion to bifurcate a sentence appeal from a conviction appeal, citing delay relative to a short conditional sentence.

• Bifurcation of appeals
• Leave to appeal sentence
• Conditional sentence
• Reincarceration
• Delay
• Criminal-law

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R. v. Etherden

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario held that a s. 517 Criminal Code publication ban prevented public release of this decision until the order ceases, with interim registry access.

• Non-publication order
• Section 517 criminal code
• Bail hearing
• Publication-ban
• Criminal-law
• Bail-hearing

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R. v. Raju

Court

Supreme Court of British Columbia

Sentencing reasons for Gavin Leznoff on two conspiracy-to-murder counts. The court accepted a joint submission and imposed six-and-a-half years plus ancillary orders.

• Conspiracy to commit murder
• Joint submission on sentence
• Aggravating and mitigating factors
• Ancillary orders (firearm prohibition, dna, no-contact, forfeiture)
• Victim surcharge
• Publication ban

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R. v. Sweeney

Court

Yukon Court of Appeal

The Yukon Court of Appeal dismissed Mr. Sweeney’s conviction appeal, holding the trial judge properly applied W.(D.) and committed no reviewable credibility error.

• Credibility assessment
• W.(d.) test
• Uneven scrutiny
• Standard of review
• Brain injury and credibility
• Credibility-assessment

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R. v. Johnson

Court

Nova Scotia Provincial Court

The court accepted the complainant's detailed, specific and unique evidence as credible and reliable, rejected the accused's denial as not raising a reasonable doubt, found no credible evidence of collusion or fabrication by the complainant or her mother, and therefore was satisfied beyond a reasonable doubt that the accused committed the offences charged (s.271, s.151, s.152).

Source excerpt

• Child sexual abuse
• Sexual assault s.271
• Sexual interference s.151
• Invitation to sexual touching s.152
• Publication ban s.486.4
• Publication ban s.486.5

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R. v. S.P.P.

Court

Supreme Court of Nova Scotia

The judge accepted the complainant's evidence as credible and reliable despite some inconsistencies explained by the circumstances of the initial police interview; on that basis the Crown proved beyond a reasonable doubt that at least three categories of touching (the basement cupping of the vagina, the upstairs inner‑thigh contact corroborated by Exhibit 1, and repeated lap incidents with touching from knees to vagina) occurred in a sexual context and violated the complainant's sexual integrity, establishing the elements of s.271 and s.151. The butt‑smacking incidents, lacking contextual or…

Source excerpt

• Sexual assault
• Sexual touching
• Credibility and reliability
• Consent (age)
• Publication ban applications

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R. v. Losch

Court

Supreme Court of British Columbia

The court granted judicial interim release in a murder-related case, finding the accused had shown cause under ss. 522(2) and 515(10) of the Criminal Code.

• Judicial interim release
• Section 515(10) criminal code
• Section 522(2) criminal code
• Rondeau factors
• R. v. alexander
• R. v. st-cloud

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K.A.R. v. Dawson

Court

Supreme Court of British Columbia

The court ordered psychiatric and neurological IMEs, dismissed a request for the expert’s engagement agreement, and required production of cited reference materials.

• Independent medical examination
• Expert disclosure and production
• Causation
• Expert impartiality/engagement agreements
• Costs
• Publication ban

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R. v. Jacob

Court

Supreme Court of British Columbia

The court dismissed the Crown’s similar fact application, finding a real risk of collusion or tainting and ruling the evidence too prejudicial to admit.

• Similar fact evidence
• Collusion/tainting
• Prejudicial vs probative analysis
• S.486.4 publication ban
• Similar-fact-evidence
• Collusion

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