R V. ZWEZDARYK – [2004] O.J. NO. 6137 (SCJ) Para 22: “It is, in my view, conjectural at best to assume that the jury will be influenced by the fact that the accused is in the prisoner’s box [cite omitted]. Read more...
R v. Kutynec, 1992 CanLII 7751 (OCA – Finlayson): [16] As a basic proposition, an accused person asserting a Charter remedy bears both the initial burden of presenting evidence that his or her Charter rights or freedoms have been infringed or denied, and the ultimate burden of persuasion that there has been a Charter violation. If the evidence does not Read more...
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 Nedelkof, [1998] O.J. No. 4493 – (Thomas – GenDiv): [8] It is my respectful view that the trial judge maintained jurisdiction over the alleged offences and the defendant because he was clearly satisfied that an information was in existence although it was not physically present in the courtroom for part of the trial proper: See R. v. Frank Read more...