All 5 - EVIDENCE

R v Slatter, 2018 ONCA 962 (Fairburn): [47] The appellant claims that the trial judge erred by permitting Lozano’s memory to be refreshed in the manner pursued by the trial Crown. Specifically, the appellant objects to the Crown having: (a) failed to ask Lozano if he wanted some assistance with recalling the events; (b) read out passages from Lozano’s prior Read more...

R v Atkinson, 2018 MBCA 136 (Cameron): [3] The accused maintain that the only evidence as to what occurred inside the suite came from the admission of an audio recording of the sworn testimony given by Garneau at the preliminary inquiry of the charges (the Garneau evidence). They argue that the trial judge erred by admitting that evidence in their Read more...

R v Boyle – Unreported – January 13, 2019 – Ottawa – (OCJ – Doody): [13] The defendant takes the position that he is not required to provide the com­ plainant with the application record, but submits that Crown counsel has the discretion to determine whether and what to disclose and in what manner. [14] I have concluded that the Read more...

R v Calnen – 2019 SCC 6 (Moldaver): [106] After-the-fact conduct encompasses what the accused both said and did after the offence charged in the indictment was allegedly committed. It covers a large range of possible circumstances, and its content and contours are confined only by the limits of human experience. After-the-fact conduct may also arise in respect of all Read more...

R v Reis – 2019 ONCA 168 (Per Curiam): [18] The KGB statement was properly admitted for the truth of its contents. The trial judge accepted that Gray’s trial evidence was not an outright recantation of the statement, and was entitled to determine what weight to give to his evidence. His decision reveals no error, nor did the trial judge Read more...