R v Brar – 2019 ONCJ 71 (Kastner): [105] I find that firstly, Justice Rahman and others are right that this time should not be included in the Jordan calculation. Secondly, its reasonableness is to be considered in the context of overall delay protected by s. 11(b) of the Charter, as it was in Rahey case by the Supreme Court Read more...
R v KGK – 2019 MBCA 9 – (Cameron): [173] I have had the benefit of reading the reasons of my colleague Hamilton JA regarding the accused’s section 11(b) motion. I do not disagree with her that the time that it takes a judge to make a decision is subject to section 11(b). However, with respect, I differ from her Read more...
R v Lenhardt – 2019 ONCA 416 (per curiam): [8] There was very little evidence on this point at trial. The appellant, in his evidence, testified that although the police had finished processing him at around 2:30 a.m., he did not receive access to counsel until about 8:00 a.m. The appellant was not asked any questions about this time period Read more...
R v Omar – 2019 SCC 32 (Brown): Upholds the ONCA decision (excerpted below). R v Omar – 2018 ONCA 975 (Brown): [75] Grant offered general guidance at the conceptual level about when a psychological detention occurs. However, the jurisprudence reveals that the application of Grant’s conceptual principles to the reality of street-level interactions stills leaves us in the situation Read more...
R v Claros – 2019 ONCA 626 (Paciocco): [70] I would not allow a sentence reduction for the Charter disclosure breaches that occurred. I appreciate that the trial Crown told the trial judge that he could properly order such a reduction. However, the legal foundation required for a sentence reduction was not present, and so the Crown concession should not Read more...