Brazeau v Canada (AG), 2020 ONCA 184.

This is an appeal from two class action lawsuits seeking damages for breach of Charter rights of former and current federal inmate…

Sara LittleMarch 18, 2020Comment

R v Darnley, 2020 ONCA 179.

The accused, Constable Darnley, is an OPP officer. Her superiors suspected that she was abusing her role as a peace officer…

Sara LittleMarch 10, 2020reasonable doubt, entrapment, breach of trust, obstruction of justiceComment

R v Mohamed, 2020 ONCA 163.

The respondent pleaded guilty to ten weapon and drug trafficking offences. The Crown sought a global penitentiary sentence of four years’ less 437 days of pre-sentence custody…

Sara LittleMarch 3, 2020appeal from sentence, sentencing ranges, appellate intervention, demons

R v Equivel-Benitez, 2020 ONCA 160.

The Appellant was convicted of sexual assault following a judge alone trial. The ONCA concludes that the following errors require the conviction to be set aside and a new trial ordered…

Sara LittleMarch 3, 2020Sexual Assault, credibility, rape myths, motive to fabricate

R v Fuller, 2020 ONCA 115.

Sara LittleFebruary 13, 2020Joint submissionsComment

R v Huerta, 2020 ONCA 59.

Mr. Humberto Dapena Huerta faced an eight count indictment arising from six incidents, involving six complainants…

Sara LittleFebruary 3, 2020eyewitness identification evidence, jury instructions, acquittalComment

R v Tahmasebi, 2020 ONCA 47.

The appellant was convicted of impaired driving causing bodily harm and refusal to comply with urine sample demand…

Sara LittleJanuary 29, 202010(b), right to counsel, impaired drivingComment

R v RD, 2020 ONCA 23.

RD was convicted by a judge and jury of sexual interference, sexual assault and uttering threats to cause bodily harm against his younger sister…

Sara LittleJanuary 14, 2020jury charge

R v McSweeney, 2020 ONCA 2.

Police obtained a warrant to search the appellant’s home, and seize a variety of electronic devices suspected to contain child pornography…

Sara LittleJanuary 9, 2020s. 10(b), s. 24(2), right to counsel, detentionComment

SCC: A Decade in Review

Here are some of the Supreme Court decisions we found the most impactful from 2010-2019…

Sara LittleDecember 28, 2019RvJordan, RvLe, RvBarton, RvAnthonyCook, RvNur, RvMarakah, RvFearon, RvJarvis, SCCComment

R v Vlaski, 2019 ONCA 927.

A sufficiency of reasons argument can only succeed where an appellant establishes that the trial judge’s reasons are so deficient that meaningful appellate review is foreclosed…

Sara LittleNovember 26, 2019Comment

R v Smithen-Davis, 2019 ONCA 917.

The appellants, Smithen-Davis and Hamilton, were convicted of breaking and entering with intent to commit an indictable offence…

Sara LittleNovember 24, 2019Circumstantial evidence, Evans, Villaroman

R v Stonefish, 2019 ONCA 914.

The appellant was pulled over by an officer because the licence plate number was not visible contrary to the Highway Traffic Act…

Sara LittleNovember 24, 2019section 8, search incident to arrest

R v RS, 2019 ONCA 906.

On September 19, 2019, Bill C-75 amended the provisions of the Criminal Code relating to preliminary inquiries…

Sara LittleNovember 18, 2019Bill C-75, Statutory InterpretationComment

R v Javanmardi, 2019 SCC 54.

Mitra Javanmardi operates a naturopathy clinic in Quebec. While Quebec does not regulate naturopathy, she meets the professional standard requirements of other provinces…

Sara LittleNovember 17, 2019Comment

R v Gill, 2019 ONCA 902.

The standard for when misapprehension of evidence warrants reversal of conviction is stringent. Misapprehension must be material…

Sara LittleNovember 15, 2019

R v MS, 2019 ONCA 869.

The appellant was convicted of sexual interference and invitation to sexual touching relating to three incidents involving his stepdaughter…

Sara LittleNovember 8, 2019motive to fabricateComment

R v Noel, 2019 ONCA 860.

Noel, his partner Stacey Long, and his brother shared a residence. Police obtained a warrant to search Noel’s residence; all three were…

Sara LittleNovember 4, 2019charter remedies, 24(2) Analysis, right to counsel, 10(b)Comment

R v Mirzadagen, 2019 ONCA 864.

The complainant and her friend CM attended a Halloween party at a university fraternity house. The appellant also attended the party…

Sara LittleNovember 4, 2019motive to fabricate, sexual assaultComment

R v Williams, 2019 ONCA 846.

Prior to returning the verdict, the jury asked a question that made it apparent it was misled by the Crown’s description of the mens rea required for murder…

Sara LittleOctober 29, 2019jury charge, closing submissions, mens rea, murder Comment