R. v. Carignan, 2025 SCC 43 at para 66: Peace officers should refrain from making a warrantless arrest where they believe on reasonable grounds that the public interest can be satisfied and the person’s attendance in court ensured in some other way. decisions.scc-csc.ca/scc-csc/scc-...

R. v. Z.M.L., 2025 ONCA 872: Good law on the obvious inference that arises in some criminal decisions. The trial judge inferred the accused person was guilty because they lied in their testimony. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. S.S., 2025 ONCA 865: The ONCA says prior consistent statements were admissible as narrative. I think that's wrong. The statements were not essential to understanding the delay in reporting, especially given Kruk. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Ouellet, 2025 SCC 40, affirming 2025 QCCA 347: A factual finding that is unsupported by the evidence can be a legal error in situations beyond where the burden of proof rests on the accused. canlii.ca/t/kgtft

R. v. B.F., 2025 SCC 41: The majority offers "no opinion" on whether someone voluntarily attempting to end their own life precludes all liability for attempted murder in respect of that attempt. But the answer is yes. decisions.scc-csc.ca/scc-csc/scc-...

R. v. Singh, 2025 ONCA 843: Under s. 11(b)'s exceptional circumstance analysis, there is a strong presumption favouring a joint trial. Separately, the fact that a Crown plan anticipates exceeding the ceiling does not itself render the plan unreasonable. coadecisions.ontariocourts.ca/coa/coa/en/i...

Ramos (Re), 2025 ONCA 820 at para. 58: It is important that individuals are not effectively penalized for barriers beyond their control, particularly when those barriers stem from gaps in housing, resources, or community supports. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Rees, 2025 ONCA 812 at para 359: A Crown stay is not to be used to make a charge disappear. Rather, it is to be used to provide an opportunity for the Crown to put a case it wishes to advance in order. coadecisions.ontariocourts.ca/coa/coa/en/i...

Two Queen’s Law gold medalists, it must always be noted

R. v. McDonald, 2025 ONCA 807: Important case on Browne v Dunn in which the Associate Chief Justice overturns a murder conviction entered by a now-sitting member of the Court of Appeal coadecisions.ontariocourts.ca/coa/coa/en/i...

Dorsey v. Canada (Attorney General), 2025 SCC 38: The decision to deny an inmate a lower security reclassification is reviewable by way of habeas corpus. decisions.scc-csc.ca/scc-csc/scc-...

R. v. Larocque, 2025 SCC 36: While the Crown must disclose the target value of an alcohol standard that is certified by an analyst, the Crown need not prove the target value at the time of testing. decisions.scc-csc.ca/scc-csc/scc-...

R. v. Rousselle, 2025 SCC 35: In a drinking and driving case, the Crown can prove the alcohol standard used in the system calibration check is “certified by an analyst” through the evidence of the qualified technician, either by certificate or testimony. decisions.scc-csc.ca/scc-csc/scc-...

R. v. Breton, 2025 ONCA 781: The question of whether the admission of evidence would bring the administration of justice into disrepute under s. 24(2) of the Charter varies between different proceedings with different functions. coadecisions.ontariocourts.ca/coa/coa/en/i...

Reference re iGaming Ontario, 2025 ONCA 770: When the Supreme Court dismisses an appeal ‘substantially for the reasons’ of the lower court without giving its own reasons, it should not be taken as endorsing that court’s broader, non-essential statements. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Wheeler, 2025 ONCA 761 at para 34: A TOF can use non-expert opinion as an exemplar of the standards of care observed when engaging in the activity in question, but the opinion can’t be relied upon as proof of which practices are safe or not coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Y.Y., 2025 ONCA 766: This case shows the difficulty of self-reps in sexual abuse prosecutions. Issues on appeal (in which appointed counsel cross-x'd): 1️⃣ Browne v Dunn 2️⃣ 276 3️⃣ D evidence, adduced by self-rep, opens door to bad character evidence coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Rioux, 2025 SCC 34 at para 98: To determine whether a complainant did not consent or lacked the capacity to consent at the time of a sexual act, a court must consider all the relevant evidence, including circumstantial evidence. decisions.scc-csc.ca/scc-csc/scc-...

Binance Holdings Limited v. Ontario Securities Commission, 2025 ONCA 751 at paras. 90-98: Under s. 8 of the Charter, a regulatory investigation may only compel documents it reasonably believes are relevant to the lawful inquiry coadecisions.ontariocourts.ca/coa/coa/en/i...

Quebec (Attorney General) v. Senneville, 2025 SCC 33: The one-year mandatory minimum sentence for certain CP offences is unconstitutional. canlii.ca/t/kg7sc

R. v. Wood, 2025 ONCA 746: Court splits 2-1 on whether the sentencing judge misidentified the proper Canadian sentencing range by focusing almost exclusively on art-related cases, then improperly relying on foreign sentencing precedents to fill the gap. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. H.P., 2025 ONCA 742 at para. 15: It is not an error to conclude that a witness has fabricated evidence, without independent confirmation, when assessing the credibility of the witness. I think the Court is wrong. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Samuels, 2025 ONCA 736 at para 53: Under s. 8 of the Charter, a strip search includes visual inspections of undergarments that cover a private area such as genitals, buttocks, or female breasts coadecisions.ontariocourts.ca/coa/coa/en/i...

Contested election appeals are appealed directly to the Supreme Court of Canada (Per Saltum) under section 532 of the Canada Elections Act within 8 days of a decision. This is a rare bypassing of a normal appellate court and the SCC must hear it without delay #cdnlaw #cdnpoli

R. v. Wilson, 2025 SCC 32: The police cannot arrest for simple possession when they are called for help at an overdose. canlii.ca/t/kg2t4

The SCC has granted leave to appeal. According to @chrisrudnicki.bsky.social, one issue is whether to discourage conditional sentences for firearms offences. This may be the Supreme Court's interpretation of Morris (ONCA) and Anderson (NSCA). decisions.scc-csc.ca/scc-csc/scc-...

R. v. Ripley, 2025 ONCA 712 at para 30: The Associate Chief Justice affirms that a trier of fact cannot find an accused less credible because the accused has received disclosure or because an accused has been present during his trial. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Di Paola, 2025 SCC 31: A sentencing judge can consider as aggravating any facts that could constitute the basis for a separate charge if that charge has already been laid. But in the context of a guilty plea, the prosecution must advise the offender of this ahead of time. canlii.ca/t/k9gwv

R. v. Bhatti, 2025 ONCA 697: This case is headed to the SCC. The SCC will grapple with weather ambiguity in a warrant (partly due to a poorly pled ITO) requires deference to: (1) police operational plans, or (2) the limits of the warrant coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. O'Neill, 2025 ONCA 683: An appellant can get bail pending appeal for a conditional sentence. They'd never want it though. So they can apply to suspend the sentence. The Oland test governs the application. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. I.M.B., 2025 ONCA 678 at para. 13: New sexual assault trial because the judge relied on the evidence of a witness whose cross-examination was improperly terminated. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Marshall, 2025 ONCA 638 at para. 148: "The trial Crown’s closing was graphic, inflammatory, and contained rhetoric that falls below the expected standard of Crown counsel." But the Court of Appeal is going to let this one pass. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Sheppard, 2025 SCC 29: Friesen applies to historical sexual abuse against children. Sentences for historical offences are properly determined in accordance with the sentencing regimes and societal perspectives that prevail at the time of sentencing decisions.scc-csc.ca/scc-csc/scc-...

R. v. G.H., 2025 ONCA 667 at para. 9: The 60-day re-election deadline is the first OCJ trial date set by the court and is not limited to the stage of the trial in which evidence is heard. Rescheduling only pushes the deadline forward but not back. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Pahal, 2025 ONCA 668 at para 75: To avoid crossing the line & effecting a detention while executing a search warrant, police officers should act “solely to ensure the integrity of the search”. If they exceed, they must provide occupants with 10(b) coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Ranu, 2025 ONCA 663: My thoughts. There is a difference between production (s. 278.1) and persuasion. D could've maybe crossed that the Crown's failure, through the C, to produce these "many more" messages shows fabrication. ... coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Arapakota, 2025 ONCA 660: s. 3(1)(a) of the Corruption of Foreign Public Officials Act does not require that a person offering or making a payment to a foreign official foresaw the precise act or omission they would seek from the official in return coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Bowie, 2025 ONCA 661 at para 27: Justice Trotter dismisses a bail pending appeal application from a convicted criminal lawyer through the public safety arm of the Oland test. This is rare. coadecisions.ontariocourts.ca/coa/coa/en/i...

unintentionally traded*

R. v. K.D., 2025 ONCA 639: 11(b) dismissal overturned and a stay issued. This case shows how broken our s. 11(b) case law is in Ontario. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. J.W., 2025 ONCA 63: Important case for sexual assault prosecutions. Paciocco JA reins in ARJD and fully interprets DD. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. De Jesus Carrasco, 2025 ONCA 628 at para. 23: A judge can't rely upon the testimonial demeanour of a complainant to gauge her character & then infer based on her character that she isn't the type who would have acted in a certain way coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Hernandez-Viera, 2025 ONCA 626 at para 7: Readings captured by measuring devices in common usage can be treated as some evidence of what they display, where there is a factual foundation for finding the measurements they display to be reliable. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Jiang, 2025 ONCA 624 at para. 28: After a re-trial, a sentencing judge should take into account the fitness of the original sentence as an important consideration or precedent but is not bound to follow it. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Mohamed, 2025 ONCA 611: Basically, common intention can never be a route to liability for a planned and deliberate first degree murder. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Nguyen, 2025 ONCA 609: In the context of investigating a tip about a stash house, it's not that difficult to see, actually. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Swaine, 2025 ONCA 614 at para 39: Individual judges cannot waive judicial immunity. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Dos Santos, 2025 ONCA 598: Mistrials do not reset the Jordan clock. An application judge can account for it if the Crown proves both branches of the discrete exceptional circumstance test. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Storey, 2025 ONCA 599 at para. 66: At sentencing, don't conflate NCR with moral blameworthiness. An offender's cognitive challenges can be mitigating even if the challenges don't rise to the NCR level. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. M.F., 2025 ONCA 596 at para 27: The Court leaves for another day the issue of whether sexual interference is a “violent offence” within the meaning of s. 39(1)(a) of the YCJA coadecisions.ontariocourts.ca/coa/coa/en/i...