All Cases

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. Rondeau – 1996 RJQ 115 (QCA – Proulx): [Translation by Google] [15] In this case, the dispute concerns the assessment of the probability of dangerousness. In my opinion, several factors must be taken into account in deciding this issue, including (1) the nature of the offense, (2) the relevant circumstances of the offense, which may affect past and Read more...

R. V. UNDERWOOD (1998), 121 C.C.C. (3D) 117 (S.C.C. – LAMER) Para. 7: “In this context, the case-to-meet principle suggests that the accused should have a right to make a Corbett application, and to know its outcome at the close of the Crown’s case.” Read more...

R. v. Underwood (1998), 121 C.C.C. (3d) 117 (S.C.C. – Lamer) Para. 9: “…[T]he situation can be resolved by holding a voir dire before the defence opens its case. In this voir dire, the defence will reveal the evidence which it intends to call, either through calling witnesses, or through agreed statements of fact. The trial judge can then consider Read more...

R v Djevdet – 1998 OJ No. 3983 (SCJ – Hill): [3] On September 4th, 1998, the applicant served the Attorney General of Ontario with a Notice of Application in Form 1 asserting a breach of s. 11(b) of the Charter and requesting a stay of proceedings pursuant to s. 24(1) of the Charter. [4] The justice presiding at the Read more...