Canada Case Law

R. v. Tran

Court

Court of Appeal for Ontario

The Court dismissed the appeal: the convictions were reasonable on the evidence admitted; the trial judge did not err in refusing to exclude evidence under s.24(2) (police conduct was not shown to be bad faith and the DNA warrant errors were unrelated to the October 23, 2017 search); and the s.11(b) motion was correctly dismissed because the short nine‑day excess delay was excused as an exceptional circumstance arising from a joint trial conducted in the interests of justice that the Crown could not reasonably have avoided or ameliorated.

Source excerpt

• Unreasonable verdict
• S.24(2) charter exclusion
• S.11(b) unreasonable delay
• Search warrants
• Dna warrant
• Joint trial exceptional circumstances

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R. v. Armitage & Busch

Court

Supreme Court of British Columbia

The court dismissed a Charter application to exclude DNA evidence, finding a missing day on the warrant was a minor technical defect and did not breach s. 29 or s. 8.

• Dna warrant
• Section 29 criminal code
• Section 8 charter
• Section 24(2) charter
• Search and seizure
• Residual discretion to set aside warrant

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R. v. Biring

Court

Supreme Court of British Columbia

The court found the DNA warrant informations insufficient after disregarding unsupported conclusory statements and held that neither accused was shown to be a party to the offence.

• Information to obtain (ito)
• Ito excision/disregard
• Dna warrant
• Warrant sufficiency review
• Vehicle identification in investigations
• Post-offence conduct

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R. v. Zamora

Court

Supreme Court of British Columbia

The court acquitted Austin Zamora of firearms offences, finding the Crown failed to prove beyond a reasonable doubt that he was the voice on Session 225.

• Possession
• Identity evidence
• Voice identification
• Circumstantial evidence
• Search warrant
• Fingerprint evidence

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R. v. Stewart

Court

Supreme Court of British Columbia

The court set aside a DNA warrant after finding the excised affidavit did not establish reasonable probability that Colin Stewart was a party to the murder.

• Dna warrant
• Search authorization under s.487.05(1)
• Party to offence under s.21(1)
• Reasonable grounds/credible-based probability
• Facial challenge to warrant
• Dna-warrant

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R. v. Sater

Court

Supreme Court of British Columbia

Sentencing reasons in R. v. Sater for multiple impaired and dangerous driving convictions arising from a fatal crash, plus failing to stop after the collision.

• Impaired driving causing death
• Impaired driving causing bodily harm
• Dangerous driving causing death
• Dangerous driving causing bodily harm
• Failure to stop at scene
• Driving prohibition

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R. v. Lavender

Court

Supreme Court of British Columbia

The court upheld a DNA warrant after finding a disclosure omission, but no invalid warrant or basis to exclude the sample under s. 24(2).

• Dna warrant
• Section 487.05 criminal code
• Section 8 charter
• Section 24 charter
• Full and frank disclosure
• Leave to cross-examine affiant

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R. v. Deo et al

Court

Supreme Court of British Columbia

The court upheld a DNA warrant after voir dire 4, finding reasonable grounds remained even after correcting the ITO, and admitted the resulting DNA evidence.

• Dna warrant
• Information to obtain (ito)
• Reasonable grounds
• Admissibility of forensic evidence
• Arbitrary detention
• Dna-warrant

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R. v. Kim

Court

Court of Appeal for Ontario

The court held that none of the alleged trial errors required reversal: the jury charge, read as a whole, adequately instructed on reasonable doubt and presumption of innocence; cautions and limiting language given (or omitted) caused no prejudice in the circumstances; admission of contested evidence (Tobin, Barron, Crocker, robbery convictions, DNA warrant) was within the trial judge’s discretion and not reversible; the trial judge permissibly accepted police evidence over Pochay’s account and properly found his statement voluntary beyond a reasonable doubt; severance was not required given…

Source excerpt

• Conspiracy
• Hearsay and co‑conspirator statements
• Vetrovec caution
• Adoption by silence
• Right to counsel (s.10(b))
• Voluntariness of statements

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R. v. James

Court

Court of Appeal for Ontario

Assuming arguendo that failure to give notice deprived the authorizing judge of jurisdiction, the DNA evidence was nevertheless admissible under s.24(2) because the s.8 breach was not serious, the police acted in good faith, the evidence would inevitably have been discovered, the warrant had reasonable grounds and exclusion would harm the administration of justice; the trial judge's directions on use of evidence of other counts were adequate; the trial judge erred in principle by refusing two-for-one credit solely on the basis that the appellant required a longer sentence for treatment, but t…

Source excerpt

• Dna warrant
• Section 8 charter (search and seizure)
• Section 24(2) charter (exclusion of evidence)
• Notice to counsel
• Inevitable discovery
• Jury directions

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