by Pawel Milczarek | Apr 1, 2023 | After the Fact Conduct, Charter 10(b), Charter s.8, During Search Warrant Execution, Evidence, Manner of Execution, Similar Fact, Warrants
This week’s top three summaries: R v O’Brien, 2023 ONCA 197: s.8/24(2) search for #passwords, R v Brooks, 2023 BCCA 121: not #similar, and R v Nagy, 2023 ONCA 184: after the fact conduct. This week’s top case deals with s.8 search issues....
by Pawel Milczarek | Mar 11, 2023 | Charter s.8, Circumstantial Identification Evidence, Possession, Search by Presence during Private Conversation
This week’s top three summaries: R v SS, 2023 ONCA 130: s.8 REP in #ambulance, R v Metzger, 2023 SCC 5: #circumstantial ID, and R v Brar, 2023 ABCA 63: #circumstantial possession. This week’s top case is an impaired driving decision. For great general...
by Pawel Milczarek | Dec 3, 2022 | Causation, Charter s.8, Search Incident to Arrest
This week’s top three summaries: R v Robertson, 2022 ONSC 5795: s.8 #ruse stop, R v JR, 2022 YKCA 9: #corroboration, and R v Favel, 2022 ABKB 727: #normative causation murder. This week’s top case deals with a warrantless search issue. For great general...
by Pawel Milczarek | Sep 10, 2022 | Charter s.8, Consent, Murder - First Degree - via Kidnapping, RPG Evidence in Place, Sexual Assault, Warrants
This week’s top three summaries: R v Wise, 2022 ONCA 586: s.8 #warrant grounds, R v Murphy, 2022 ONCA 615: HIV and #consent, and R v Singh, 2022 ONCA 584: constructive 1st deg #murder. This week’s top case deals with reasonable grounds necessary for...
by Pawel Milczarek | Jun 25, 2022 | Appeals, Charter 10(b), Charter s.8, Fresh Evidence, Right to Counsel s. 146, Search of Cell Incident to Arrest, Third Party Records, YCJA
This week’s top three summaries: R v Schirmer, 2022 BCCA 214: #police disciplinary records, R v F(JM), 2022 MBCA 52: #youth right to #counsel, and R v Hussein, 2022 ABCA 219: #judicial notice. This week’s top case deals with credibility of police in...
by Pawel Milczarek | Jun 4, 2022 | Car Search - Cannabis Act, Charter s.12, Charter s.7, Charter s.8, Disclosure, Examination of Exhibits for Smell, Late Disclosure, Lost Disclosure, Rehabilitation, Sentencing
This week’s top three summaries: R v Bissonnette, 2022 SCC 23: s.12 #rehabilitation and punishment, R v Peterson, 2022 ABQB 365: destroyed #evidence, and R v Grant, 2022 ONSC 2703: #marijuana smell test This week’s top case deals with sentencing in...