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Canada Case Law

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Criminal law 2020 YKCA 7

R. v. Smarch

The Yukon Court of Appeal dismissed the Crown’s fresh evidence application, allowed the appeal, and set aside a dangerous offender designation against James William Smarch.

  • Dangerous offender designation
  • Treatability at designation stage
  • Criminal code s.753(1)(b)
  • Curative power on appeal
  • Fresh evidence admissibility
  • Boutilier interpretation
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Criminal law 2020 BCCA 92

R. v. Patel

The Court of Appeal set aside a dangerous offender designation and indeterminate sentence, ordering a new hearing after finding an error in the s. 753(1)(b) risk analysis.

  • Dangerous offender designation
  • Indeterminate sentence
  • Prospective risk assessment
  • Treatability
  • Kienapple rule
  • Boutilier interpretation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.