All 6 - CHARTER / CONSTITUTIONAL

R v Jalili, 2018 ONSC 6408 (Akhtar): [42] In R. v. Babos, 2014 SCC 16, [2014] 1 S.C.R. 309, the Supreme Court of Canada acknowledged that a stay of proceedings is the most drastic remedy that a court can order. The court, at para. 31, identified two categories of cases where a stay of proceedings would be justified: (1) where Read more...

R v Pilon, 2018 ONCA 959 (Hourigan): [27] Notwithstanding the broad statement in para. 102 of Golden, that exigent circumstances are limited to safety concerns, and the absence of case law considering preservation of evidence as an exigent circumstance justifying a field strip search, it is at least arguable that the Supreme Court in Golden left open the possibility that Read more...

R v Reid – 2019 ONCA 32 (Fairburn): [32] By walking toward the officers, the appellant and his friend were not signalling that they did not wish to have contact with the police. The police and the men simply met up and started to chat. Importantly,the police did not order the appellant to approach them or tell him to stay Read more...

R v Balendra – 2019 ONCA 68 (Harvison Young): [40] The Supreme Court of Canada reviewed the law applicable to the scope of searches incident to arrest in the context of cell phones in R. v. Fearon, 2014 SCC 77, [2014] 3 S.C.R. 621. Cromwell J., writing for the majority, wrote of the need to recognize, on the one hand, Read more...

R v Balendra – 2019 ONCA 68 (Harvison Young): [40] The Supreme Court of Canada reviewed the law applicable to the scope of searches incident to arrest in the context of cell phones in R. v. Fearon, 2014 SCC 77, [2014] 3 S.C.R. 621. Cromwell J., writing for the majority, wrote of the need to recognize, on the one hand, Read more...