R v JA – 2011 SCC 28 (McLachlin): [36] Section 273.1(2)(b) provides that no consent is obtained if “the complainant is incapable of consenting to the activity”. Parliament was concerned that sexual acts might be perpetrated on persons who do not have the mental capacity to give meaningful consent. This might be because of mental impairment. It also might arise Read more...
R v. Truong, 2012 ONCA 91 (per Curiam): [4] In this case, the trial judge rejected the appellant’s testimony on several bases. Chief among these was the fact that the appellant’s version of events as recounted in his trial testimony stood in stark contrast to that of the senior police officer at the scene in several critical respects. In this Read more...
R v Purtill – 2012 OJ No 2769 (SCJ – Gorman): [9] The fact that the short notice to the Attorney General of Ontario and the Attorney General of Canada effectively amounted to no notice at all, is presumptively unfair. To permit the constitutional argument to proceed in the absence of any consideration by those branches of the government would Read more...
R v Smith – 2013 ONSC 1341 (Dambrot): [25] A surety may simply wish to be freed of his or her obligations because he or she is relocating, or has taken on other responsibilities making it impossible to continue in the role of a surety. In these cases, the cumbersome process of rendering, committal and a new judicial release hearing Read more...
R v Mott – 2013 ONSC 1768 (Gauthier): [1] On November 22, 2012 David Mott was released on bail, with his stepmother acting as his surety. His release conditions were strict, and included a specific requirement that he reside with his stepmother and abide by her rules. She withdrew five days after the bail hearing. Two other proposed sureties came Read more...