All 5 - EVIDENCE

R v Nurse – 2019 ONCA 260 (Trotter): [54] The first order of business is to determine whether Mr. Kumar’s gestures are capable of being characterized as a statement or utterance. While statements and utterances are usually verbal, consisting of the spoken word, conduct may also convey meaning. As David M. Paciocco and Lee Stuesser, The Law of Evidence, 7th Read more...

R v. CB, 2019 ONCA 380 (Watt): [63] To determine this ground of appeal requires consideration of what is involved in the process of authentication; how it may be established, especially with respect to the subject-matter in issue here; and the roles of the trier of law and the trier of fact in the authentication process. [64] The requirement of Read more...

R v. CB, 2019 ONCA 380 (Watt): [63] To determine this ground of appeal requires consideration of what is involved in the process of authentication; how it may be established, especially with respect to the subject-matter in issue here; and the roles of the trier of law and the trier of fact in the authentication process. [64] The requirement of Read more...

R v. CB, 2019 ONCA 380 (Watt): [63] To determine this ground of appeal requires consideration of what is involved in the process of authentication; how it may be established, especially with respect to the subject-matter in issue here; and the roles of the trier of law and the trier of fact in the authentication process. [64] The requirement of Read more...

R v Barton – 2019 SCC 33 (Moldaver): [70] The first substantive issue is one of scope: Can the s. 276 regime apply in a case where the offence charged — here, murder under ss. 231(5)(c) and 235(1) — is not one of the offences listed in s. 276(1)? [71] This issue raises a question of statutory interpretation. The modern Read more...