Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court found Damian Volk guilty of assaulting a detainee at the Langley RCMP detachment, holding that the boot strike and cell-search force were not objectively reasonable.
The British Columbia Supreme Court convicted Jack Cruthers Hutchison of manslaughter after finding his prolonged neck restraint on Howard Hill was no longer justified.
Appeal allowed and acquittal set aside because the trial judge failed to instruct the jury that, when assessing the reasonableness of the accused’s use of force under s.34(1)(c), they had to consider the accused’s role in the entire incident (s.34(2)(c)); that omission was material to the verdict and warrants a new trial. Other Crown complaints (treatment of military training, W.(D.) instruction, admissibility of Dr. Miller) were rejected.
Source excerpt
Appeal from an assault conviction by a police officer. The court held the trial judge erred by not considering s. 495(3) of the Criminal Code and ordered a new trial.
The trial judge properly applied s.25 by assessing all contextual factors including the absence of aggression and concluded the two kicks were excessive; the appeal judge erred in recharacterizing that analysis, so the Court restored the trial conviction and exercised appellate sentencing powers to impose a conditional discharge.
Source excerpt
Perjury trial arising from testimony at the Braidwood Inquiry into Robert Dziekanski’s death. The court convicted Kwesi Millington on six of ten averments.
The court admitted voir dire transcripts into the trial record, but excluded specified passages as irrelevant, unqualified opinion evidence, or beyond the ruling on stress evidence.
Leave to appeal was denied because the proposed grounds did not raise an arguable question of law of significance and no legal error was demonstrated: the trial judge addressed authorization in law, found the force used was unreasonable and excessive, and the summary conviction appeal judge correctly found that an honest but mistaken belief defence lacked an air of reality under Nasogaluak.
Source excerpt
The British Columbia Court of Appeal allowed Constable Pompeo’s appeal from an aggravated assault conviction and ordered a new trial.
The Court held there was no jurisdictional error: the preliminary inquiry judge and the reviewing judge performed the required limited weighing and correctly concluded the Crown failed to adduce evidence of a marked departure from the standard of care (the only evidence showed compliance with ETF training and policy); accordingly the discharge must stand and the appeal is dismissed.
Source excerpt
Explore more
