R. v. Fitzpatrick, 2026 ONCA 262: New 1st degree murder trial ordered in part because the Crown quoted Miaponoose to the jury in closing submissions. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Allred, 2026 ONCA 258 at para. 93: An in-custody accused is presumed to sit in the prisoner’s box. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. A.S., 2026 ONCA 241: The court leaves for another day extending Soobrian; a jury instruction that if they reject the evidence of a D witness, they must not infer from that rejection either that 🤥 the D is less credible ❌ the D is therefore guilty coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Vannoordennen, 2026 ONCA 236: In this post-Tayo Tompouba world, I dont think you can do that anymore. If there's an error, you run it through the proviso. The 1️⃣ step is to assume prejudice. The 2️⃣ step is to see if the Crown can prove it away. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Clarke, 2026 ONCA 233: This sexual assault case has a right of appeal to the Supreme Court of Canada. It's fact-specific, about a misapprehension of evidence and the use of stereotypical reasoning against the defendant. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Marshman, 2026 ONCA 235: This case has a right of appeal to the Supreme Court of Canada. The offence of child luring does not require an intent to commit the secondary offence (i.e. sexual interference) coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Abdella, 2026 ONCA 228: It was not an abuse of process for an AG to prefer a direct indictment for a matter that was 22 months old in the lower court, even though there's no evidence the AG knew this would get a faster trial in the higher court. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Greer, 2026 ONCA 222 at para. 23: Intimate partner abuse under s. 718.2(a)(ii) of the Criminal Code encompasses conduct that harms, exploits vulnerability, or wrongfully asserts power even absent overt violence or threats coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Singer, 2026 SCC 8 (CanLII): In a 5-4 split, the SCC finds that the police have a common law licence to approach a dwelling to question the occupier for the purpose of furthering a lawful investigation. canlii.ca/t/kjxhb

R. v. Hillier, 2026 ONCA 202: 11(b) stay of proceedings overturned in this Convoy case. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Davis, 2026 ONCA 198: A sexual abuse victim will have to testify again if she wants to secure a conviction because the trial judge fell well short of the standard required to assist a self-represented accused person. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Purvis, 2026 ONCA 187: Sentence appeal allowed because the judge anchored the sentence to an incomparable co-accused whose sentence reflected a joint submission. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Lye, 2026 ONCA 188: Rich analysis from Pomerance JA on the ability to cross-examine in a Garofoli application, and the reasonable expectation of privacy in a shared parking garage. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Seangio, 2026 ONCA 172: I doubt the ONCA is incorrect here, but it's curious. The case is about s. 8 review of a warrant. The Court says an appeal court must defer to the application/reviewing justice unless there's a legal error etc. ... coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Oryia, 2026 ONCA 166: Sentence appeal granted based on post-sentence developments, admitted through fresh evidence. Very rare. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Bauman, 2026 ONCA 173: Appeal the reasonableness of the verdict if you're appealing a dismissed directed verdict application. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. R.G., 2026 ONCA 148: Section 10(b) not violated where the detainee was not told the time and place of an alleged sexual assault or the name of the complainant. The alleged offence occurred 2.5 weeks prior. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. H.B., 2026 ONCA 160 at paras. 40-41: Short-notice trial dates cannot automatically convert defence unavailability into defence delay, and defence counsel do not need to prove scheduling conflicts. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Kulatheeswaran, 2026 ONCA 128: A conditional sentence should not have been imposed for possession of a firearm loaded with an overcapacity magazine. It discharged. And the D discarded it in a residential neighbourhood. canlii.ca/t/kjdxx

R. v. Griggs, 2026 ONCA 135 at para. 49: In assessing s. 8 standing, the judge should have accepted the Crown’s theory as reflected in the charges and the sworn ITO, and weighed it with the other evidence before him. canlii.ca/t/kjgl1

R. v. J.F., 2026 ONCA 136 at para 14: In child sexual abuse cases, hearsay may be necessary where testifying risks traumatizing the complainant. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. George, 2026 ONCA 115: New murder trial ordered because the judge failed to instruct the jury that the after-the-fact conduct could not be used to prove second-degree murder. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Ibrahim, 2026 ONCA 119 at paras 10-11: The defence's failure to raise 11(b) concerns between setting a trial date and the trial can be illegitimate conduct characterizing some of this period as defence delay. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Saboon, 2026 ONCA 113 at para 56: Common intention applies to murder if it is committed in carrying out the originally agreed-upon unlawful purpose *and* the D subjectively foresaw a co-participant murdering someone in carrying out the agreement. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Elias, 2026 ONCA 112 at para. 53: A successful indictment for possession of CP almost always attracts a custodial sentence. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Toole, 2026 ONCA 99 at para. 62: Delaying a case’s progress while awaiting the outcome of an appeal is exceptional. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Kipusi, 2026 ONCA 86: D's statements during a court-ordered assessment or treatment are protected statements under s. 672.21 of the Code. They are: ❌ presumptively inadmissible 🤥 can only be used for impeachment 🛑 and only after a voir dire coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Fox, 2026 SCC 4: a lawyer can invoke the innocence at stake exception to solicitor-client privilege when they seek to obtain access to their client’s privileged communications for use in their own defence canlii.ca/t/kj15r

R. v. Jeannotte, 2026 ONCA 79: I dont follow the Court's logic. Aside from concerns for their physical safety, why would an accused person think it strategic to cooperate with the authorities after they are sentenced and not before? coadecisions.ontariocourts.ca/coa/coa/en/i...

I suppose the ACJO would say she is not creating a common law power, but rather interpreting the scope of a statutory search power, s. 12(3) of the CCA. But how is this search different than any other involving a detention in public?

R. v. Hosang, 2026 ONCA 51: The Associate Chief Justice creates a new common law power of search incident to a detention: the police can obtain a detainee's identity to figure out 'who they're dealing with' before searching them. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Hussein, 2026 SCC 2: Corbett is revised. For the most part, crimes of violence often have minimal probative value (para. 83). canlii.ca/t/khqln

R. v. J.B., 2026 ONCA 44: The latest statement on what constitutes a position of trust for the offence of sexual exploitation. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Holder, 2026 ONCA 39 at para 36: An offender seeking mitigation for bail conditions must supply the court with information as to their impact; if there is a dispute, the onus is on the offender on a balance of probabilities coadecisions.ontariocourts.ca/coa/coa/en/i...

R v. Chakasim, 2026 ONSC 331: The Toronto criminal Bar is processing this recent summary conviction sentencing appeal, overturning a sentencing judge for undercutting a joint submission. ... canlii.ca/t/khm66

I meant Criminal Code*

R. v. Georgopoulos, 2026 ONCA 27: I don't understand this decision. It's largely framed as one of deference, but the sentencing judge made a legal error that, I think, impacted the sentence - so the ONCA can sentence afresh. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Qureshi, 2026 ONCA 20: The Court refuses to condone the Brampton OCJ’s ad hoc 11(b) scheduling. Defence only shares half the delay for rejecting re-scheduled dates because the OCJ was overburdened and the Crown moved too late. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Watson, 2026 ONCA 11 at para 8: It is best practice in both civil and criminal cases for any document seen by the trial judge to be made either a numbered or lettered exhibit. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. M.Z., 2026 ONCA 4: Defence counsel is found to be ineffective in a sexual assault trial because the accused was denied an informed choice of whether to testify and whether to do so in person. coadecisions.ontariocourts.ca/coa/coa/en/i...

R. v. Oloko, 2025 ONCA 894 at paras 37-38: Only in exceptional circumstances may a judge deem hearsay necessary without hearing the witness; even then, there is no presumption that adults with cognitive disabilities are incapable of testifying. coadecisions.ontariocourts.ca/coa/coa/en/i...

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