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

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...