Canada Case Law

Henry v. A.B.

Court

British Columbia Court of Appeal

Leave to intervene was granted because both BWSS and CDAS demonstrated a public interest in the specific issue of abuse of process as it relates to relitigation of findings from prior criminal proceedings, each has a representative base and a unique, non-duplicative perspective that will assist the court, and neither seeks to expand the scope of the appeal; accordingly, intervention was permitted on limited terms (factum page limits and filing deadlines).

Source excerpt

• Abuse of process
• Relitigation of prior findings
• Intervention
• Sexual assault civil liability
• Identification evidence
• Similar fact evidence

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R. v. J.D.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal from firearm convictions, upholding a late Leaney application, the s. 11(b) delay analysis, and the identity findings.

• Section 11(b) charter delay
• Identification evidence
• Leaney application
• Judicial discretion
• Publication ban
• Section-11b-charter-delay

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R. v. Ahmeddin

Court

Supreme Court of British Columbia

The trial judge did not commit legal error or materially misapprehend the evidence: the identification was properly treated as recognition evidence supported by prior acquaintance and corroborative facts (including aspects admitted by the appellant), the photo‑pack imperfections did not negate its probative value, the judge lawfully assessed credibility without reversing the onus, and the reasons were sufficient for appellate review; therefore the conviction was sustainable and the appeal is dismissed.

Source excerpt

• Sexual assault
• Identification evidence
• Recognition vs stranger identification
• Credibility and reliability
• Burden of proof
• Sufficiency of reasons

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R. v. Fitzpatrick

Court

Court of Appeal for Ontario

Ontario Court of Appeal allowed both appeals in a murder case, holding that improper resemblance evidence, flawed W.(D.) instructions, and an improper closing warranted new trials.

• Identification evidence
• Leaney recognition evidence
• W.(d.) jury instructions
• Eyewitness identification frailties
• Misconduct in closing argument
• Mistrial

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R. v. Obatusa

Court

Supreme Court of British Columbia

On the totality of interlocking circumstantial evidence — DNA from the accused on restraint items central to the crime, phone metadata and images showing detailed reconnaissance and contemporaneous photographs of the victim, surveillance consistent with the accused's appearance and gait, and reliable eyewitness accounts — the Crown proved beyond a reasonable doubt that the accused planned, directed and participated in the home invasion and kidnapping; hypothetical prior‑touch explanations were speculative and unreasonable in context.

Source excerpt

• Breaking and entering
• Kidnapping
• Parties to an offence (aiding and abetting)
• Circumstantial evidence
• Identification evidence
• Dna evidence

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R. v. Saboon

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Saboon’s appeal, allowed Morrison’s appeal, substituted manslaughter for murder, and imposed a 14-month sentence.

• Murder
• Manslaughter
• Party liability
• Common unlawful purpose (s.21(2))
• Subjective mens rea
• Defence of third party (s.34)

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Henry v. A.B.

Court

British Columbia Court of Appeal

The Court of Appeal partly granted Ivan Henry’s application to extend his factum from 30 pages to 70 pages, finding the appeal complex but not requiring 91 pages.

• Factum length/page limit
• Identification evidence
• Wrongful conviction
• Punitive damages
• Dangerous offender
• Charter damages

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United States of America v. Cuppen

Court

Supreme Court of British Columbia

The court ordered Matthew Aron Cuppen committed for extradition to the United States, rejecting arguments that the Record of the Case was manifestly unreliable.

• Committal to await surrender
• Manifestly unreliable standard
• Identification evidence
• Coercive police conduct
• Hearsay and principled exception
• Co‑conspirator hearsay exception

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R. v. Soper

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from convictions arising from a stolen Honda Civic and related offences, finding no material misapprehension of evidence.

• Identification evidence
• Recognition evidence
• Misapprehension of evidence
• Circumstantial evidence
• Burden of proof
• Misapprehension-of-evidence

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R. v. Doe

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Fred Doe’s appeal from conviction, finding the trial judge gave adequate assistance to a self-represented accused and sufficient reasons on party liability.

• Self-representation
• Party liability (s.21 criminal code)
• Identification evidence
• Reasons for judgment
• Aggravated assault
• Firearms/imitation firearm offences

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