Canadian Criminal Procedure and Practice/Cases/General

From Wikibooks, open books for an open world
Jump to navigation Jump to search

Jurisdiction[edit]

Pre-Trial Matters[edit]

Delay[edit]

Validity of an Information[edit]

Case Citation Summary
R. v. Delgado 2011 ONSC 4646 information was read as being sworn in 2016--nullity was overturned--mandamus ordered
R. v. Schwark 2001 MBQB 273 amendments that were not initialized did not result in a nullity.
R. v. Van Kralingen [1994] O.J. No. 196 (C.A.) conviction was entered on an information that had no date at all--court upheld the information
R. v. Akey [1990] O.J. No. 2205 (Gen. Div.) information sworn “17th day of 1989,” without any reference to the month--overturned nullity--“the defect would not be one of substance as the purpose of the information would be fulfilled as it would let the accused know it was sworn before a justice of the peace within the required six months.”
R. v. Dean 1985 CanLII 1142 (ABQB), (1985), 36 Alta. L.R. (2d) 8 (Q.B.) information sworn “30th day of August A.D. 19__.” without any reference to a year--overturned nullity--information was valid
Platt v. R.; R. v. Cowan [1981] 4 W.W.R. 601 (Man. Q.B.) information was missing a date--declared a nullity
R. v. Bobcaygeon (1974), 17 C.C.C. (2d) the month on the date was omitted as well as the county--declared a nullity
R. v. Justice of the Peace, Ex parte Robinson [1971] O.J. No. 1924 (C.A.) information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario".
R. v. Boutilier (1928), 50 C.C.C. 186 information for an offence year of 1927 was stated as sworn in 1900 which would have been impossible--declared a nullity

Trial Matters[edit]

Challenge for Cause[edit]

  • R. v. C.E, 2011 ONSC 209 -- application for challenge for cause dismissed

Calling Witnesses[edit]

  • R. v. Messervier, 2010 ABQB 494 [1] - crown wrongly refused to call police officer

s.276 application[edit]

  • R. v. Quesnelle, 2010 Ont. SCJ -- prior sexual history permitted
  • R. v. Gill, 2011 ONCJ 345 [2] -

Misc[edit]

  • R. v. P.D.T., 2010 ABQB 37 -- right to public hearing violated under s. 11(d)
  • R. v. Charles Jean Picot, 2011 NBPC 4 -- application to amend info mid-trial granted
  • R. v. Michell, 2011 BCPC 347 -- an encarcerated victim applies to attend a trial -- application denied
  • R. v. Burtt, 2012 NBPC 6 -- application for video link permitted

Incompetent Counsel[edit]

Case Citation Result Summary
R. v. Travis 2012 ABQB 629 (CanLII) denied failed to call witnesses or request further disclosure
R. v. Aulakh 2012 BCCA 340 (CanLII) denied allege defence failed on a number of points
R. v. G.M. 2012 NLCA 47 granted defence failed to call evidence attacking credibility of crown witness
R. v. Downing 2012 ABQB 287 denied
R. v. Ross 2012 NSCA 56 granted trial counsel did not call any evidence or cross-examine on sexual interference case where defence was an honest mistaken belief of age
R. v. O'Keefe (No. 2) 2012 NLCA 25 denied claimed counsel failed to call witnesses, raise charter issues, make requested election
R. v. Fraser 2011 NSCA 70 granted new trial ordered
R. v. Hobbs 2010 NSCA 53 denied
R. v. M.B. 2009 ONCA 524 granted new trial ordered
R. v. T. P. [2002] O.J. No. 2142 (Ont. C.A.), 2002 ONCA 49360
R. v. Gardiner 2010 NBCA 46 granted counsel failed to apply Browne v Dunn rule in examination, so new trial ordered.

Kienapple[edit]

Case Citation Summary
R. v. Hope 2011 NLTD 143 sexual assault and sexual interference
R. v. Ramage 2010 ONCA 488 Impaired & Dangerous driving valid
John v. The Queen, [1985] 2 S.C.R. 476
R. v. Davis, [1999] 3 S.C.R. 759
R. v. Prince, [1986] 2 S.C.R. 480
R. v. Pringle, [1989] 1 S.C.R. 1645
R. v. Wigman, [1987] 1 S.C.R. 246

Appeal[edit]

Unreasonable Verdict[edit]

  • R. v. Onyee, 1999 CanLII 14073 (MB C.A.) -- failure to consider timeline and misapprehension of evidence

Identification

  • R. v. Burke, 1996 CanLII 229 (S.C.C.), [1996] 1 S.C.R. 474, 105 C.C.C. (3d) 205
  • R. v. Reitsma, 1998 CanLII 825 (S.C.C.), [1998] 1 S.C.R. 769, 125 C.C.C. (3d) 1, rev’g (1997) B.C.A.C. 303;
  • R. v. Keeper, (1993), 88 Man. R. (2d) 156.