All 1 - PRE-TRIAL ISSUES

R v BS – 2007 OJ No 3046 (ONCA – Winkler): [1] W.K. WINKLER C.J.O.:– This is an application brought under s. 680 of the Criminal Code of Canada seeking an order directing that a panel of this court review the detention order made by Justice Milanetti on December 6, 2006, denying the interim release of the applicant pending his Read more...

R v Ellis, 2009 ONCA 483 – (Gillese): [38] In my view, “territorial jurisdiction” in s. 504 of the Criminal Code refers to the entire province of Ontario. [39] Pursuant to s. 17(1) of the Justices of the Peace Act, justices have jurisdiction throughout Ontario. The fact that the Courts of Justice Act divides Ontario into regions for administrative purposes Read more...

R V. G.Y.L, [2009] O.J. NO. 3089 (SCJ – MCCOMBS) Para 11: “Paralegals are now governed by the Law Society. They are trained professionals subject to similar if not identical standards of ethics and civility as are lawyers and students-at-law. Properly regulated, they make a significant contribution to the administration of justice. Interpreting s. 650.01 in a way that prevents Read more...

R v Darwish, 2010 ONCA 124 (Doherty): [29] An accused does not have a freestanding constitutional right to an adequate investigation of the charges against him or her: R. v. Barnes, 2009 ONCA 432, at para. 1. Inadequacies in an investigation may lead to the ultimate failure of the prosecution, to a specific breach of a Charter right or to Read more...

R v Young – 2010 ONSC 4194 (Clark): [20] The word “substantial” is defined in the Concise Oxford Dictionary, [Oxford, Oxford University Press, 1964], in part, as follows: “having substance, actually existing, not illusory”. The word “likelihood” is defined in the same source, in part, as “being likely”. The word “likely” is defined, in part, as “such as might well Read more...