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 […]
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 […]
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 […]
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 […]
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 […]
Update: On March 25, 2021, the SCC granted leave in A.S. v Her Majesty the Queen, et al. (39516), an appeal of an Ontario Superior Court decision finding ss 278.92, 278.94(2), and 278.94(3) unconstitutional. That case will be heard alongside R v J.J. Cross-examination can be a re-traumatizing experience for complainants in sexual offences trials—not least […]
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 […]
