Case Law

Question 1

R v Lifchus

Answer 1

• beyond reasonable doubt

Question 2

R v Cinous

Answer 2

• air of reality
• mobster murder

Question 3

R v Levesque

Answer 3

• admission of evidence in an appeal
• certain requirements for evidence

Question 4

R v Khan

Answer 4

• established the principled approach

Question 5

R v White

Answer 5

• do not use consciousness of guilt
• use post-offence conduct

Question 6

R v KGB

Answer 6

• prior inconsistent statements made by witnesses other than the accused may be admitted for the truth of their contents if, on a case-by-case basis, the trial judge determines that the prior statements meet the tests of necessity and reliability

Question 7

R v Mohan

Answer 7

• factors to determine expert witness
• developed a four criteria to determine if
  a witness is qualified as an expert
  1. relevance
  2. necessity
  3. qualification
  4. absence of any exclusionary rule

Question 8

R v Handy

Answer 8

• considerations in measuring probative value of similar fact evidence
• sexual assault case where past evidence of sexual assault was brought up

Question 9

Graat v The Queen

Answer 9

• a witness may be permitted to present their evidence in opinion form where it is difficult for them to express the information without stating an opinion

Question 10

R v Khelawon

Answer 10

• framework for considering the admissibility of hearsay evidence

Question 11

R v Nedelcu

Answer 11

• civil case was decided before criminal case
• s13 - self incrimination (not remembering criminal then civil detailed)

Question 12

R v Bartle

Answer 12

• s 10(b) - right to retain counsel
• not barred from obtaining counsel

Question 13

R v Harrer

Answer 13

• Charter of Rights evidence unfairly obtained

Question 14

Smith v Jones

Answer 14

• public safety exception of evidence

Question 15

R v Grant

Answer 15

• psychological detention, exclusion of evidence

Question 16

R v O’Connor

Answer 16

• sexual assault bishop, request of third party records, modified for serial assault, O’Connor is for non sexual cases

Question 17

R v Gruenke

Answer 17

• by class privilege and on a case-by-case basis privilege