All Cases

R v CC, 2018 ONCJ 542 (B. Green): [16] While none of the statements that were prepared in this case used Form 34.2 in Part XXVIII, this Court clearly has the discretion to receive the statements in their current written format. Two of the statements are written in the style of a conversation with Mr. C.C. as opposed to direct Read more...

R v Shakiem ANDERSON, 2018 OJ No. 5043 (Penny – SCJ): [56] It must be remembered as well that this is a reverse onus case; the ladder approach does not apply. In my view the defendant has failed to discharge his onus of showing that his plan of supervision, given his antecedent behaviour, will sufficiently protect the public or keep Read more...

R v Fotiou, 2018 ONSC 4958 (Sweeny): Defence Caused Delay [31] On the issue of defence caused delay, in my view, this would include the period of time from May 10, 2016, to July 19, 2016, when the matter was being adjourned for the purposes of a guilty plea. During this time, the Crown justifiably anticipates the matter will resolve. Read more...

R v Rover, 2018 ONCA 745, [2018] OJ No 4646 (OCA – Doherty): [26] The s. 10(b) jurisprudence has, however, always recognized that specific circumstances may justify some delay in providing a detainee access to counsel. Those circumstances often relate to police safety, public safety, or the preservation of evidence. For example, in R. v. Strachan, [1988] 2 S.C.R. 980, Read more...

R v Rover – 2018 ONCA 745 (Doherty): [16] The appellant was taken into custody. He was not told why he was not being allowed to speak to counsel or when he would be allowed to speak to counsel. [17] The police received the signed telewarrant at 12:50 a.m. At 2:55 a.m., a special entry team, assembled after the warrant Read more...