Canada Case Law

R. v. Chafe

Court

Newfoundland and Labrador Court of Appeal

Affidavits from appellant and counsel admitted but contested attachments (photographs, medical records, expert affidavits) excluded under Palmer factors because they were not sufficiently relevant or capable of affecting the verdict; appellant failed to show counsel incompetence or resulting prejudice and failed to prove Crown bad faith; trial judge correctly applied W.(D.); appeal and fresh evidence application dismissed.

Source excerpt

• Ineffective assistance of counsel
• Fresh evidence (palmer factors)
• Standard of proof (w.(d.))
• Witness credibility
• Conflict of interest
• Destruction of evidence

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R. v. Hillier

Court

Court of Appeal for Ontario

The police acted with unacceptable negligence by destroying and failing to photograph or preserve the fabric pouch and related items that were central to resolving whether the cruiser drugs were the appellant’s; this conduct impaired the appellant's right to make full answer and defence under ss.7 and 11(d) of the Charter and, applying the Grant factors, exclusion under s.24(2) was the appropriate remedy for the cruiser-derived evidence leading to the setting aside or quashing of specified convictions and substitution where appropriate.

Source excerpt

• Possession for the purpose of trafficking
• Destruction of evidence
• Disclosure obligations
• Right to make full answer and defence
• Exclusionary remedy under s.24(2) of the charter
• Stay of proceedings

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Wang v. Jiang

Court

Supreme Court of British Columbia

The court awarded special costs for litigation misconduct, including against John and Xiao Ling Jiang jointly and severally, and ordered no costs against Tian Qi Jiang.

• Special costs
• Misleading the court
• Destruction of evidence
• Joint and several liability
• Apportionment of costs
• Anton piller order

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R. v. Chan

Court

Supreme Court of British Columbia

The court dismissed a Charter challenge to police “breach and hold” entries during search-warrant execution, finding the manner of entry reasonable on the facts known to police.

• Search and seizure
• Section 8 charter
• Search warrant execution
• Breach and hold entry
• Dynamic entry
• Knock and announce

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R. v. J.T.

Court

British Columbia Court of Appeal

The Court of Appeal upheld convictions for assault and assault causing bodily harm, finding no error in the trial judge’s credibility analysis or Charter ruling.

• Assault
• Assault causing bodily harm
• Credibility assessment
• W.(d.) test
• Charter s.7 and s.24(1) remedy
• Destruction of evidence

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R. v. Garnot

Court

British Columbia Court of Appeal

Appeal dismissed from a conviction for aggravated sexual assault. The Court held the lost evidence did not justify a stay, and the verdict was not unreasonable.

• Stay of proceedings
• Destruction of evidence
• Right to full answer and defence
• Reasonable doubt
• Identity evidence
• Remedies under s.24(1) charter

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Schmit v. Canada (Attorney General)

Court

Federal Court

The Federal Court set aside a prison disciplinary conviction because the evidence showed only possession of an item, not conduct matching paragraph 40(m) of the Act.

• Reasonableness standard
• Procedural fairness
• Statutory construction
• Mens rea vs strict liability
• Destruction of evidence
• Disciplinary procedure

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Birkich v. Cantafio

Court

Supreme Court of British Columbia

The court refused to exclude a plaintiff’s expert report despite destruction of the underlying recording, finding no actual prejudice shown and leaving weight to trial.

• Admissibility of expert report
• Retention of expert underlying data
• Destruction of evidence
• Prejudice and remedies
• Trial management
• Expert-evidence

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R. v. Malenfant

Court

Supreme Court of British Columbia

The court ruled on defence expert reports in a cannabis prosecution, excluding one report for lack of established expertise and admitting two others despite no cross-examination.

• Expert evidence admissibility
• Destruction of evidence
• For the purpose of trafficking
• Sampling and statistical evidence
• Directed verdict
• Stay of proceedings under s.7

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R. v. Malenfant

Court

Supreme Court of British Columbia

The court refused a pre-trial stay application, finding the disclosure and evidence-destruction complaints were premature and should be addressed at trial.

• Stay of proceedings
• Destruction of evidence
• Informer privilege
• Search warrant/ito
• S.7 charter
• S.8 charter

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