R v Calnen – 2019 SCC 6 (Moldaver): [106] After-the-fact conduct encompasses what the accused both said and did after the offence charged in the indictment was allegedly committed. It covers a large range of possible circumstances, and its content and contours are confined only by the limits of human experience. After-the-fact conduct may also arise in respect of all Read more...
R v KGK – 2019 MBCA 9 – (Cameron): [173] I have had the benefit of reading the reasons of my colleague Hamilton JA regarding the accused’s section 11(b) motion. I do not disagree with her that the time that it takes a judge to make a decision is subject to section 11(b). However, with respect, I differ from her Read more...
R v Brar – 2019 ONCJ 71 (Kastner): [105] I find that firstly, Justice Rahman and others are right that this time should not be included in the Jordan calculation. Secondly, its reasonableness is to be considered in the context of overall delay protected by s. 11(b) of the Charter, as it was in Rahey case by the Supreme Court Read more...
R v Duguay – 2019 BCCA 53 (Fitch): [RESIDENCY CONDITION] [75] The imposition of a residency condition by a sentencing judge will often be a critical component of an appropriate and just community-based disposition. As the Crown points out, if deprived of the power to impose such a condition, a sentencing judge could not prohibit: * a paedophile from residing Read more...
R v Reis – 2019 ONCA 168 (Per Curiam): [18] The KGB statement was properly admitted for the truth of its contents. The trial judge accepted that Gray’s trial evidence was not an outright recantation of the statement, and was entitled to determine what weight to give to his evidence. His decision reveals no error, nor did the trial judge Read more...