Canada Case Law

TC4-62402

Court

Refugee Appeal Division

The Minister's redacted BOCs were admissible; the respondent's BOC contained striking, unexplained similarities to two other BOCs together with material inconsistencies, omissions and weak corroboration; those factors rebut the presumption of truth and undermine credibility, so the RPD's grant of refugee status was incorrect and is set aside with a substituted decision that the respondent is not a Convention refugee or person in need of protection.

Source excerpt

• Convention refugee status
• Credibility assessment
• Basis of claim (boc) similarities
• Admission of evidence
• Oral hearing
• Disclosure/privacy

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R. v. Marciano

Court

Court of Appeal for Ontario

The appeal was dismissed because the trial judge adequately explained how evidence is presented, intervened appropriately during improper attempts to introduce evidence, ensured the accused understood the implications of not testifying, and thus provided a fair trial; the appellant's other grounds lacked merit.

Source excerpt

• Possession of stolen property
• Self-represented accused
• Trial procedure
• Admission of evidence
• Right to a fair trial

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Leung v. Alam

Court

Supreme Court of British Columbia

The court set aside two RTB decisions, finding the hearing procedurally unfair and the merits decision patently unreasonable, then remitted the dispute for a new hearing.

• Judicial review
• Procedural fairness
• Standard of review
• Admission of evidence
• Remedies - remittal
• Judicial-review

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Canada (National Revenue) v. Ben‑Menashe

Court

Federal Court

The Federal Court set aside a jeopardy order after finding the Minister failed to make full and frank disclosure in the ex parte application.

• Jeopardy order
• Full and frank disclosure
• Ex parte application
• Admission of evidence
• Section 160 transfer/nominee liability
• Costs

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R. v. Whitfield

Court

Court of Appeal for Ontario

The court held that the police officers’ mistaken belief as to the appellant’s identity did not, by itself, render the arrest unlawful because they had reasonable grounds based on the information available (keyed access to a suspected stash house, time inside unit, connection to a vehicle linked to the investigation); the trial judge did not err in admitting the fentanyl under s.24(2) because the police acted in good faith as they reasonably understood the law at the time and exclusion would have long-term negative impact on the administration of justice; appeal dismissed and conviction uphel…

Source excerpt

• Search and seizure
• Arrest
• Charter s.8
• Charter s.9
• Charter s.24(2)
• Admission of evidence

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Triskelion Projects International Inc. v. Canada

Court

Federal Court of Appeal

The Federal Court of Appeal held that the Tax Court did not err in law or procedure: the Minister's application of the treaty provision to find a deemed permanent establishment was upheld, the Tax Court properly heard and understood the appellant's arguments, correctly ruled on admissibility of new evidence, and there was no breach of procedural fairness; therefore the appeal is dismissed.

Source excerpt

• Permanent establishment
• Income tax act
• Canada-united states income tax convention article v(9)(b)
• Tax assessment
• Admission of evidence

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R. v. Clement

Court

Court of Appeal for Ontario

The trial judge reasonably and lawfully applied the contextual, holistic test under s.150.1(4) of the Criminal Code and, on the totality of circumstances known to the appellant (age gap, complainant's appearance, school uniform, living at home, braces, lack of alcohol, roommate observations, suspicious Tinder profile and absence of any steps to verify age after being told she was 18), concluded the appellant did not take all reasonable steps to ascertain age; any passing reference to the probation order did not affect the verdict and was admissible for the breach count, therefore the convicti…

Source excerpt

• Mistake of age defence
• S.150.1(4) criminal code
• Admission of evidence
• Probation order
• Reasonable steps to ascertain age
• Standard of review

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R. v. Brooks

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal from sexual assault convictions, holding that similar fact evidence from an uncharged complainant was wrongly admitted and a new trial was required.

• Similar fact evidence
• Credibility
• Prior consistent statements
• Admission of evidence
• Cross-count evidence
• Similar-fact-evidence

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Virviescas Rojas v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review of an RPD refusal, finding the Cartagena IFA analysis unreasonable and remitting the matter to a different RPD member.

• Internal flight alternative
• Credibility
• Natural justice
• Admission of evidence
• Judicial remittal
• Internal-flight-alternative

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Johnson v. Ontario

Court

Court of Appeal for Ontario

The Court granted the Clinic leave to intervene as a friend of the court because it can make a useful, non‑duplicative contribution on issues relevant to extensions of time to opt out without causing injustice or delay; the intervention was allowed on specific terms limiting factum length to 15 pages, oral argument to 10 minutes, prohibiting additional evidence, preserving Ontario's right to argue that adequacy of notice is not properly before the appeal, and prescribing filing deadlines and cost restrictions.

Source excerpt

• Extension of time to opt out of class action
• Intervention as friend of the court
• Adequacy of notice
• Admission of evidence
• Costs

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