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Evidence

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 […]

[Appeal Watch]: R v McKee : Is Information of Police Misconduct First-Party Disclosure?

In R v McKee [41110], the Supreme Court (SCC) will decide whether a document in the possession of the Crown – containing information of police misconduct – obtained in respect of a unrelated investigation constitutes first-party disclosure automatically provided to the accused. This decision will likely turn on whether the Supreme Court adopts a narrow or broad […]

R v Stevenson: SCC upholds conviction on Vetrovec testimony

The Supreme Court of Canada (“SCC”) has dismissed the appeal in R v Stevenson, 2024 SCC 41 [Stevenson], upholding a trial judge’s decision to convict based on the evidence of an unsavoury or Vetrovec witness. This case was heard by the SCC as of right from the Saskatchewan Court of Appeal (“SKCA”) 2024 SKCA 40 […]

R v Hanrahan: SCC Rejects Argument to Establish a Standard of “Clear and Unambiguous” for the Admission of Prior Sexual History

R v. Hanrahan, 2025 SCC 1 is a short oral decision —  a mere paragraph dismissing the Crown’s appeal against a sexual assault acquittal. The Supreme Court affirmed the Newfoundland Court of Appeal’s decision (R. v. Hanrahan, 2024 NLCA 9, “NLCA Decision”) and in doing so they affirmed deference to the trial judge’s factual findings […]

R v Hodgson: The SCC on the Crown’s Limited Right to Appeal an Acquittal

In R v Hodgson, 2024 SCC 25 [Hodgson], the Supreme Court of Canada (“SCC”) unanimously rejected the Crown’s appeal of an acquittal for second degree murder and manslaughter. The case turns on the scope of the Crown’s limited right to appeal acquittals under section 676(1)(a) of the Criminal Code, RSC 1985, c C-46 [Criminal Code]. […]

Clarifying Corroborative Evidence and Hearsay: R v Charles

The Supreme Court of Canada (“SCC”) in R v Charles, 2024 SCC 29 [Charles] has clarified the approach to using corroborative evidence to establish the reliability of hearsay evidence. Moreau J, writing for the majority, allowed the appeal and ordered a new trial on the basis that an out-of-court statement by a witness at trial […]

APPEAL WATCH: Uneven Scrutiny and Twin Myth Safeguards – A Cry for Clarity 

Earlier in February of 2024, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of British Columbia Court of Appeal (“BCCA”) case R v Kinamore, 2023 BCCA 337 [Kinamore]. The appeal concerns the uneven scrutiny of competing evidence and the application of the s. 276 of Criminal Code, RSC 1985, c C-46 […]

APPEAL WATCH: SCC to Rule on Admissibility of Accuseds’ Criminal Records

The Supreme Court of Canada (“SCC”) will soon give direction to lower courts on how to assess the prejudicial and probative value of permitting an accused’s criminal record to be admitted as evidence. In R v Hussein, 2023 ONCA 253 [Hussein], the Court of Appeal for Ontario (“ONCA”) upheld the trial judge’s dismissal of the […]

No Good Deed: The Good Samaritan Drug Overdose Act Reaches the SCC

On February 22, 2024, the Supreme Court of Canada (“SCC”, or the “Court”) granted the Crown’s application for leave to appeal [40990] R v Wilson, 2023 SKCA 106 [Wilson]. The SCC’s decision will set a national standard regarding the limits of police powers to arrest and search a person who reports or remains at the […]