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admissibility

APPEAL WATCH: Revisiting the admissibility of similar fact evidence in R v Chizanga

The Supreme Court of Canada (“SCC”) will soon hear the appeal of R v Chizanga, 2024 ONCA 545 [Chizanga], in which it will opine on the principles of admitting evidence of prior discreditable conduct [41405].  Building upon the seminal case of R v Handy, 2002 SCC 56 [Handy] which set out the principles for the admissibility of such evidence, this appeal […]

R. v. Tim: SCC Upholds Convictions Despite Unconstitutional Search

In R v Tim, 2022 SCC 12 [Tim], the Supreme Court of Canada (“SCC” or “the Court”) affirmed convictions for drug and firearm offences despite the initial arrest having been made by a police officer who mistakenly identified the prescription drug gabapentin as a controlled substance. The dissent would have acquitted the accused, finding that […]

Relevance in Context: SCC decides R v Schneider

Trial judges play many roles, but one of their main tasks is determining what evidence is admissible. As a rule, all relevant evidence is admissible. But how do trial judges determine relevance, and what can they not take into account? This was the main question in R v Schneider, 2022 SCC 34 [Schneider], which the […]

Charter Breaches and the Concept of “Fresh Start”: SCC Grants Leave in James Andrew Beaver v R and Brian John Lambert v R

When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203 [Beaver], the Court of Appeal of Alberta (“ABCA” or “Court of Appeal'') ruled that courts can admit such evidence if a proper “fresh start” occurred […]

Barendregt v Grebliunas Hearing: Admitting New Evidence in Family Law Cases

New evidence is rarely introduced or accepted at appeal courts. However, this rule of thumb could change as the Supreme Court of Canada (“SCC”) hears submissions from counsel in Barendregt v Grebliunas. It is one of three cases the SCC is hearing on child custody matters Dec. 1st and 2nd, 2021, but this one could […]

Catch & Release: Redefining Hearsay Admissibility in R v Bradshaw

In June 2017, the Supreme Court of Canada (“the SCC”) ruled in R v Bradshaw that the test for using corroborative evidence to establish substantive reliability of hearsay evidence is a strict one. If it is being used to establish the reliability of a hearsay statement, the corroborative evidence must (a) go to the material […]