Jurisdiction

Pre-Trial Matters

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

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

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.

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

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.

This article is issued from Wikibooks. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.