All 1 - PRE-TRIAL ISSUES

R v O’Connor – (1995) 4 SCR 411 (McLachlin): [193] The task before us on this appeal is to devise a test for the production of records held by third parties which preserves the right of an accused to a fair trial while respecting individual and public interest in privacy and the efficient administration of justice. The key to achieving Read more...

R v. Rondeau – 1996 RJQ 115 (QCA – Proulx): [Translation by Google] [15] In this case, the dispute concerns the assessment of the probability of dangerousness. In my opinion, several factors must be taken into account in deciding this issue, including (1) the nature of the offense, (2) the relevant circumstances of the offense, which may affect past and Read more...

R V. GOLYANIK, [2003] O.J. NO. 346 (SCJ – TRAFFORD) Para 18: “Accordingly, the term “counsel” in s. 650.01 of the Code includes named law firms and named lawyers. It also includes articling students employed by the law firm or named lawyer, if the named lawyer or another lawyer with the law firm specifically instructs them to appear before the Read more...

R v Whervin – 2006 OJ No. 443 (SCJ – Hill): [10] Reduced to its essentials, this involves an allegation of offences at three o’clock in the morning. On its face there is a lawful traffic stop. It is the applicant’s auto which is stopped, a car that he drove daily. There are two types of prohibited substances under the Read more...

R v Baba – 2006 OJ No 5387 (OCJ – Trotter): [1] G. TROTTER J. (orally):— Mr. Baba is charged with numerous offences involving drugs and firearms. Police executed a search warrant at a hotel room on Dixon Road near the airport, in which they found a duffle bag containing almost two kilograms of cocaine, 482 grams of marijuana and Read more...