Category Archives: Criminal Law

R v McSweeney, 2020 ONCA 2

CONTENT WARNING: This case concerned charges of the possession of child pornography. Decision released January 07, 2020 Introduction Mr. McSweeney, the appellant, appealed his conviction for possession and distribution of child pornography. His trial exclusively consisted of a challenge under the Charter of Rights and Freedoms. He alleged that his rights under sections 7 andContinue reading “R v McSweeney, 2020 ONCA 2”

R v Rose, 2020 ONCA 306

Date of Decision May 21, 2020 Key Takeaways: “Alternate” and “additional” jurors are different, and a judge confusing the two can invalidate the trial. Evidence of prior convictions, even when factually relevant to the case, must be treated carefully and given alongside proper jury instructions. A judge’s reasons for conviction into evidence is highly prejudicial,Continue reading “R v Rose, 2020 ONCA 306”

R v July, 2020 ONCA 492

Key Takeaway: Police officers do not need to prove it is necessary for an investigation in order to seize old text messages stored by a cell phone provider. They only need to show “reasonable and probable grounds” that an offence has been committed or will be committed and that there is likely relevant evidence toContinue reading “R v July, 2020 ONCA 492”

Flashback: R v Sinclair 2010 SCC 35

Key Takeaways: Section 10(b) of the Charter of Rights and Freedoms, the right to counsel, does not require the presence of defence counsel throughout a police interrogation. In most cases, an initial warning that the detainee can consult with a lawyer, coupled with a reasonable opportunity to do so, satisfied their s. 10(b) rights. However,Continue reading “Flashback: R v Sinclair 2010 SCC 35”

Topic: Standards of Proof

Note: This is a “Topic” post, in which I will briefly cover a legal concept using a few leading cases. Topics will be found in their own category and may be updated in the future if necessary. Introduction It is common knowledge by this point that in order to convict someone in criminal court, theContinue reading “Topic: Standards of Proof”

June 19th: R v Zora, 2020 SCC 14

Overview Z was charged with drug offences and was granted bail with conditions, including curfew and a requirement that he present himself at the door of his residence within five minutes of a peace officer or bail supervisor attending to confirm his compliance with the curfew. Z failed twice to present himself at the doorContinue reading “June 19th: R v Zora, 2020 SCC 14”

R v Kuzmich, 2020 ONCA 359

CONTENT WARNING: This summary concerns a sexual assault. It contains explicit details of a sexual assault, and discussions about the law of sexual assault. Key Takeaways 1. The full scope of s. 276 protections apply during preliminary inquiries. Furthermore, a s. 276 application is fundamentally flawed when it is based on answers to improper questionsContinue reading “R v Kuzmich, 2020 ONCA 359”

R v Sullivan, 2020 ONCA 333

Overview Section 33.1 of the Code legislated that a person is guilty of a violent offence even if they were so intoxicated that they did not know what they were doing, so long as that intoxication was self-induced. For 25 years this provision was active in Canadian Law. No longer in Ontario. It has been declared of noContinue reading “R v Sullivan, 2020 ONCA 333”