Fabrication versus disbelief
R. v. Cyr, 2012 ONCA 919 deals with the distinction between disbelieving an accused and finding an exculpatory statement made by the accused is a fabrication. A fabrication may be…
James C Morton
Holding baby in lap on flight dangerous?
The trouble is then you have to pay for an extra seat. Not a huge deal in the south for middle class people flying from, say, Calgary to Montreal. But…
Curious decision inconsistent with W(D)?
R. v. Bearfoot, 2012 ONCA 917 was released Christmas Eve. It has a potentially concerning passage: The trial judge did not reverse the burden of proof. It was appropriate in…
Snow for Boxing Day
Dress warmly!
Police and Crown do not act at direction of accused
R. v. Spackman, 2012 ONCA 905 makes clear that police and Crown do not act at direction of an accused: The disclosure obligations of the Crown do not require the…
A final order is one which disposes of a substantive issue in the litigation
1250264Ontario Inc. v. Pet Valu Canada Inc., 2012 ONCA 901 sets out the test for determining if an order is final: The test to be applied for deciding this issue…
Limiting instruction to jury necessary even where no objection to evidence made
R. v. Chamot, 2012 ONCA 903 deals with a case where no objection was made to bad character evidence in a criminal jury trial. The Court held the failure to…
Q: What’s the difference between a walrus and a banana?
A: You’d better find out, because if you ever try to peel a walrus…
Confession rule applies to suspects even prior to arrest or detention
R. v. D.M., 2012 ONCA 894 is a source for the principle that the confession rule applies prior to arrest or detention: When the appellant was interviewed by Sutton, he…
Wearing a Niqab
As a child I remember a class of women who always covered their hair, were deeply devout and whose dress and deportment set them apart from the rest of society.…
Can someone who wears niqab for religious reasons can be required to remove it while testifying? It depends
R v NS 2012 SCC 72 deals with the issue of a witness covering the face for religious reasons. A summary follows: The issue is when, if ever, a witness…
Why did the Gingerbread man go to see the doctor?
Because he felt crummy!