Canada Case Law

R. v. Chambers

Court

Nova Scotia Court of Appeal

The appeal is dismissed because the trial judge's credibility findings and application of the W.(D.) framework were supported by the evidentiary record; the appellant's purported fresh evidence was inadmissible for lack of due diligence and would not have affected the outcome; any minor misstatement by the trial judge was immaterial and did not amount to a material misapprehension that would undermine the convictions.

Source excerpt

• Assault with a weapon
• Break and enter
• Robbery
• Obstruction of a peace officer
• Fresh evidence
• Misapprehension of evidence

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R. v. Michaud

Court

Supreme Court of Nova Scotia

The accused is acquitted because the Crown did not prove beyond a reasonable doubt that the accused committed the alleged sexual touching; although the complainant was a credible and effective witness in parts, material inconsistencies and new embellishments, demonstrable errors about EPA assignments and frequency, and the absence of testimony from available homeroom teachers and other corroborating witnesses left a reasonable doubt such that conviction would be unsafe.

Source excerpt

• Presumption of innocence
• Credibility assessment (w.(d.) framework)
• Reasonable doubt
• Testimonial competence
• Failure to call corroborating witnesses
• Publication ban s.486.4

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R. v. Davies

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed a sexual assault conviction appeal, refusing fresh evidence and upholding the trial judge’s credibility findings.

• Fresh evidence admission (palmer test)
• Credibility assessment (w.(d.) framework)
• Sexual history restrictions s.276/278.93
• Motive to fabricate
• Post-offence conduct
• Standard of review

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R. v. B.T.

Court

Supreme Court of British Columbia

The court convicted B.T. on six criminal counts involving sexual offences against a child and child pornography, relying on the complainant’s evidence and digital forensic proof.

• Sexual assault of a child
• Invitation to sexual touching
• Touching for a sexual purpose
• Making child pornography
• Possession of child pornography
• Accessing child pornography

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R. v. Bhatti

Court

Supreme Court of British Columbia

The court found Mr. Bhatti guilty of impaired driving causing bodily harm after accepting eyewitness, police, and toxicology evidence linking alcohol impairment to the collision.

• Impaired driving causing bodily harm
• Causation (de minimis test)
• Credibility assessment (w.(d.) framework)
• Breath analysis and extrapolation of bac
• Impaired-driving-causing-bodily-harm
• Causation

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R. v. Power

Court

Supreme Court of Nova Scotia

On credibility and the totality of evidence the Crown proved beyond reasonable doubt that the accused possessed the SKS and 303 firearms while not licensed and while prohibited by probation, but failed to prove beyond reasonable doubt that the accused possessed the marihuana for trafficking; the defence of officially induced error failed because no error of law by the sentencing judge or advice from an appropriate official was established; overlapping counts were stayed under Kienapple.

Source excerpt

• Possession of firearm without licence
• Possession while prohibited by probation order
• Possession for purpose of trafficking
• Officially induced error (s.113 exemption)
• Probation breach
• Kienapple principle

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