R v Djevdet – 1998 OJ No. 3983 (SCJ – Hill): [3] On September 4th, 1998, the applicant served the Attorney General of Ontario with a Notice of Application in Form 1 asserting a breach of s. 11(b) of the Charter and requesting a stay of proceedings pursuant to s. 24(1) of the Charter. [4] The justice presiding at the Read more...
R v Zoghaib – 2005 OJ No 5947 (SCJ – Fragomeni): [39] In this case Ms. Zoghaib did not mention the name of a specific lawyer nor did she advise P.C. Henry that she wished to call her parents to contact a lawyer. As a result P.C. Henry contacted Duty Counsel and Ms. Zoghaib spoke to Duty Counsel for six Read more...
R v Dene, 2010 ONCA 796 (Per Curiam – OCA): [4] Assuming, without deciding, that the police did not have reasonable and probable grounds to arrest the appellants, there was still ample evidence to support a valid investigative detention of both appellants. Their behaviour in the taxi was suspicious and evasive. Their posture and body movements indicated that they could Read more...
R v Purtill – 2012 OJ No 2769 (SCJ – Gorman): [9] The fact that the short notice to the Attorney General of Ontario and the Attorney General of Canada effectively amounted to no notice at all, is presumptively unfair. To permit the constitutional argument to proceed in the absence of any consideration by those branches of the government would Read more...
R v. Marakah, 2017 SCC 59 (McLachlin): [54] I conclude that Mr. Marakah’s subjective expectation that his electronic conversation with Mr. Winchester would remain private was objectively reasonable in the totality of the circumstances. Each of the three factors relevant to this inquiry in this case, place, capacity to reveal personal information, and control, support this conclusion. If the place Read more...