Canada Case Law

R. v. Adam Joseph Drake

Court

Supreme Court of Nova Scotia

On the whole of the evidence the Court was satisfied beyond a reasonable doubt that Adam Drake was the shooter and that the killing of Tyler Keizer was planned and deliberate; independent and material confirmatory evidence (video timelines, phone/Telus records, corroborating witness and documentary evidence) restored confidence in the key identification evidence of the disreputable witness (Harrington) and supported a conviction for first degree murder.

Source excerpt

• Recognition evidence
• Vetrovec witness / corroboration
• Identification
• Cell tower / telus records
• First degree murder (planned and deliberate)
• Kgb statement

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R. v. Teixeira

Court

British Columbia Court of Appeal

The Court of Appeal clarified its disclosure order in this criminal appeal, adding limiting terms on use and disclosure of sensitive information to protect witnesses.

• Section 37 canada evidence act
• Disclosure orders
• Limiting terms on disclosure
• Use restrictions on sensitive information
• Publication bans under criminal code
• Right to full answer and defence

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R. v. Teixeira

Court

Supreme Court of British Columbia

The court confirmed a prior disclosure order and rejected conditions sought on unredacted disclosure under s. 37 of the Canada Evidence Act.

• Canada evidence act s.37
• Public interest privilege
• Witness protection program act s.11
• Disclosure and disclosure conditions
• Right to full answer and defence
• Solicitor-client relationship

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R. v. Bottomley

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia granted a publication ban under s. 486.5 of the Criminal Code to protect the identity of an eyewitness who was to testify at a murder trial.

• Publication ban
• Witness anonymity
• Witness security programs
• Section 486.5 criminal code
• Balancing fair/public trial and witness safety
• Publication-ban

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R. v. Nguyen

Court

Supreme Court of British Columbia

The court held that the complete investigative file concerning a new charge against protected witness A.B. was not first-party disclosure and remained subject to third-party/WPPA procedures.

• First-party disclosure
• Third-party disclosure
• Witness protection program act
• Public interest privilege
• Vetrovec witness
• Credibility and impeachment

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R. v. Johnston

Court

British Columbia Court of Appeal

The appellants sought post-trial disclosure of WPP, OPP and witness-management records to support fresh-evidence and disclosure-breach arguments. The Court dismissed all applications.

• Stinchcombe disclosure
• O'connor third‑party production
• Mcneil crown duty to inquire
• Fresh evidence on appeal (palmer/dixon)
• Witness protection program act
• Witness credibility

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R. v. Brassington

Court

Supreme Court of British Columbia

Sentencing of an RCMP sergeant for breach of trust and obstruction attempts arising from the Surrey Six investigation, resulting in a conditional sentence.

• Breach of trust (s.122 criminal code)
• Obstruction of justice (s.139(2) criminal code)
• Conditional sentence
• Restitution (s.738 criminal code)
• Witness management
• Publication ban (s.486.5(1) criminal code

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R. v. McGenn

Court

Supreme Court of British Columbia

The court granted a Crown application allowing a witness to testify outside the courtroom and to be accompanied by a courthouse dog and handler because of anxiety, health concerns, and retribution fears.

• Testimonial accommodation
• S.486.2 criminal code
• S.486.7 criminal code
• Courthouse support animal
• Witness anxiety
• Testimonial-accommodation

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R. v. Haevischer

Court

Supreme Court of British Columbia

The court dismissed Michael Le’s renewed application for a publication ban on his name and on Triad members named in his evidence, finding the requested bans would not realistically prevent the alleged harm.

• Section 486.5 criminal code
• Dagenais/mentuck test
• Publication ban on identity
• Disclosure and hearsay affidavit reliability
• Publication-bans
• Criminal-evidence

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R. v. Haevischer

Court

Supreme Court of British Columbia

The court granted a limited publication ban protecting an anticipated Crown witness’s identity, finding it necessary and proportionate to his rehabilitation and safety.

• Publication ban
• Witness rehabilitation
• Fair trial rights
• Press freedom
• Section 486.5 criminal code
• Inherent jurisdiction

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