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Constitutional law [1990] 2 SCR 695

R. v. Arkell

La Cour suprême confirme la condamnation pour meurtre au premier degré et juge valide l’art. 214(5) du Code criminel comme règle de classification de la peine.

  • Charter s.7
  • Charter s.11(d)
  • Constructive murder
  • Sentencing classification
  • Criminal code s.213(a)
  • Criminal code s.214(5)
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Criminal law [1988] 1 SCR 1095

R. v. Dufresne

The Supreme Court of Canada allowed an appeal in a murder case, set aside the Quebec Court of Appeal’s judgment, and ordered a new trial over concerns about Crown and police conduct.

  • Trial
  • Conviction
  • New trial
  • Crown and police misconduct
  • Perjury
  • Disclosure obligations
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Criminal law [1984] 2 SCR 570

Nadeau v. The Queen

The Supreme Court of Canada ordered a new trial after finding jury misdirections on reasonable doubt, conflicting versions of events, and self-defence.

  • Self-defence
  • Burden of proof
  • Jury charge
  • Misdirection
  • New trial
  • Criminal code s.613(1)(b)(iii)
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Evidence [1983] 2 SCR 190

Morris v. The Queen

The Supreme Court of Canada dismissed an appeal in a heroin conspiracy case, holding a newspaper clipping was admissible as evidence of interest in drug sources.

  • Admissibility of evidence
  • Disposition/character evidence
  • Probative vs prejudicial balancing
  • Similar fact evidence
  • Criminal code s.613(1)(b)(iii)
  • Admissibility-of-evidence
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Criminal law [1983] 1 SCR 259

Titus v. R.

The Supreme Court of Canada ordered a new trial after holding that defence counsel should have been allowed to cross-examine a Crown witness about an outstanding murder indictment.

  • Cross-examination of crown witness
  • Outstanding indictment
  • Miscarriage of justice
  • Directed verdict
  • Jury caution
  • Criminal code s.613(1)(b)(iii)
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Criminal law [1980] 2 SCR 366

Harper (Down) v. The Queen

The Supreme Court of Canada ordered a new trial after a voir dire was not held on a crucial police statement, holding s. 613(1)(b)(iii) did not cure the error.

  • Murder
  • Voir dire
  • Admissibility of statements
  • New trial
  • Criminal code s.613(1)(b)(iii)
  • Criminal-law
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Criminal law [1980] 1 SCR 527

Sellars v. The Queen

The Supreme Court held that the accomplice caution applies to an accessory after the fact, but dismissed the appeal because no substantial miscarriage of justice occurred.

  • Accomplice testimony
  • Accessory after the fact
  • Jury instruction
  • Corroboration
  • Miscarriage of justice
  • Criminal code s.613(1)(b)(iii)
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Criminal law [1978] 1 SCR 559

Alward et al. v. The Queen

The Supreme Court of Canada dismissed appeals from murder convictions, upholding similar-fact evidence and finding intoxication charge errors caused no miscarriage of justice.

  • Similar fact evidence
  • Intoxication/drunkenness defence
  • Jury charge
  • Admissibility of statements
  • Specific intent
  • Criminal code s.613(1)(b)(iii)
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Criminal law [1978] 1 SCR 29

Leary v. The Queen

The Supreme Court of Canada held that voluntary drunkenness is not a defence to rape, treating rape as a crime of general intent and dismissing the appeal.

  • Rape
  • Drunkenness as defence
  • Mens rea
  • Specific intent vs general intent
  • Miscarriage of justice
  • Criminal code s.613(1)(b)(iii)
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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.