Other Key Cases & Takeaways

Other key cases from February and March 2023 include R. v. Chu, 2023 ONCA 183; R. v. Davani, 2023 ONCA 169 and R. v. Downers, 2023 SCC 6…

Sara LittleApril 12, 2023Comment

R. v. Bharwani, 2023 ONCA 203

Many people charged with criminal offences live with mental health challenges. When those who face serious mental health challenges are subjected to the criminal justice system…

Sara LittleApril 12, 2023fitness to stand trial, Taylor test, capacityComment

R. v. McColman, 2023 SCC 8

While on general patrol, police spotted Mr. McColman’s all-terrain vehicle parked outside convenience store. Police then followed McColman when he drove out of the parking lot and onto the highway. Police formed in the intention to conduct a random sobriety stop…

Sara LittleApril 12, 2023statutory interpretation, HTA, s. 9, sobriety stop, Grant test, 24(2)Comment

R. v. Jones, 2023 ONCA 106 and R. v. Shah, 2023 ONCA 103

These cases provide a helpful summary of the applicable tests for (1) reviewing the sufficiency of a search warrant at trial and on appeal…

Sara LittleFebruary 17, 2023Search warrant, Information to Obtain, ITO, review on appeal, standard of review, cross-examine, affidvaitComment