Canada Case Law

R. v. Robb

Court

Nova Scotia Provincial Court

The judge found the challenged Crown-led evidence relevant to the Complainant's state of mind and contextual to the alleged touching, that the Crown did not intend to rely on 'twin myths', and that, on balance of s.276(3) factors (including complainant consent to hearing, narrow scope, non-production of the image, and judge-alone trial), the probative value of admitting limited evidence of the prior intimate relationship and distribution of the image outweighs its prejudicial effect; accordingly the Crown may adduce that limited evidence solely for context/state of mind and not to bolster cre…

Source excerpt

• Prior sexual activity evidence
• Crown-led sexual history evidence
• Section 276 regime
• Voir dire admissibility
• Publication/identification ban

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R. v. Bouthillette

Court

Supreme Court of British Columbia

Voir dire on voluntariness: the court held the accused’s statement to police was inadmissible because oppressive conditions overbore his will.

• Voluntariness of statement
• Confessions rule
• Right to counsel (s.10(b))
• Right to silence (s.7)
• Oppression doctrine
• Police interrogation

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R. v. Auld

Court

Nova Scotia Provincial Court

On the totality of admissible direct and circumstantial evidence—internal pharmacy surveillance, exterior Hong's surveillance, GPS route for accused's work truck adjusted for daylight savings, distinctive match of clothing and unique scuff/dirt pattern on accused's shoes, temporal phone call pattern and post-contact deleted searches—the only reasonable and rational inference is that John Auld was the perpetrator; Crown therefore proved identity and all elements of robbery (s.344) and disguise with intent (s.351(2)) beyond a reasonable doubt.

Source excerpt

• Robbery
• Identification evidence
• Circumstantial evidence
• Disguise with intent
• Recognition evidence
• Voir dire admissibility

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R. v. Ravelo-Corvo

Court

Supreme Court of British Columbia

The court held the accused’s affidavit met the threshold for a s. 278.93 application, so the matter could proceed to a s. 276(2) voir dire on admissibility.

• S.276 evidence of prior sexual activity
• S.278.93 application procedure
• Voir dire admissibility
• Honest but mistaken belief in consent
• Publication ban s.278.95
• Prior-sexual-activity-evidence

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R. v. Catinas

Court

Supreme Court of British Columbia

The court acquitted Mr. Catinas of theft and possession of property obtained by offence after finding the fingerprint evidence and recent-possession inference left a reasonable doubt.

• Theft
• Possession of property obtained by commission of an offence
• Recent possession doctrine
• Fingerprint evidence
• Circumstantial evidence
• Voir dire admissibility

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R. v. Watts

Court

Supreme Court of British Columbia

Voir dire on the admissibility of two videotaped statements in an arson case. The court held both statements voluntary and admissible.

• Confessions
• Voluntariness of statements
• Right to counsel
• Right to silence
• Police fabrication
• Voir dire admissibility

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R. v. Malik, Bagri and Reyat

Court

Supreme Court of British Columbia

The court found that late disclosure of relevant articles breached Mr. Bagri’s s. 7 Charter rights and issued remedial filing and disclosure directions.

• Section 7 charter rights
• Timely disclosure (stinchcombe)
• Remedies under s.24(1)
• Crown and police disclosure responsibilities
• Voir dire admissibility
• Charter-rights

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