All Cases

R v GF – 2019 ONCA 493 (Pardu):     [25] I do not agree that the nature of the account given by the complainant in itself is demonstrably incompatible with incapacity to consent to sexual relations, or that the trial judge failed to consider this evidence. The complainant’s intermittent awareness, her waking from sleep to find sexual acts performed Read more...

R v Horse – 2019 SKCA 56 (Leurer): [32] As I interpret this passage, the appeal court accepted that, rather than being an element of the mens rea of theft, colour of right is like any other positive defence, which need only be disproved by the Crown if there is evidence that discloses an air of reality to it. | Read more...

R v Goldfinch – 2019 SCC 38 (Karakatsanis): [46] Even “relatively benign” relationship evidence must be scrutinized and handled with care. If the accused cannot point to a relevant use of the evidence other than the twin myths, mere assurances that evidence will not be used for those purposes are insufficient. This case highlights the dangers of accepting such assurances. Read more...

R v Blais – 2018 SCCA 132 (motion): (Headnote): Using a cell phone seized during an investigation concerning a person who was the main drug dealer at a secondary school, a police officer texted Mr. Blais and asked whether he could sell him drugs. After a few exchanges, Mr. Blais agreed to meet him and sell him 30 methamphetamine tablets. Read more...

R v Cheveldayoff – 2018 ONSC 4329 (Akhtar): [30] First, in the binding authority of the cases previously cited, the principle that emerges is that there is no obligation on the Crown to call a witness. Neither Cook or Jolivet make reference to directing the Crown to call a witness as a potential remedy. It is worth noting that one Read more...