Watt’s Manual of Criminal Evidence, 2024 Edition – What’s New

Supreme Court of Canada Cases

R. v. McColman, 2023 SCC 8, 423 C.C.C. (3d) 423 — In cases in which uncertainty exists about the legality of police conduct, police should act with more, rather than less, prudence.

Court of Appeal Cases

R. v. Hunter, 2023 ABCA 201, 427 C.C.C. (3d) 444 — In assessing voluntariness, a trial judge must consider all the circumstances of the detained person and the circumstances in which D’s statement is given. This may include D’s Indigenous heritage.
R. v. C.E.G., 2023 NSCA 1, 422 C.C.C. (3d) 232 — Evidence rejected at the second stage of the W.(D.) analysis may be considered at the third stage in deciding whether P has proven D’s guilt beyond a reasonable doubt.
R. v. Hunter, 2023 ABCA 201, 427 C.C.C. (3d) 444 — Repeated requests to speak to counsel do not necessarily revive the right to legal advice, provided D continues to understand their right to remain silent.
R. v. O’Brien, 2023 ONCA 197, 424 C.C.C. (3d) 108 — In assessing the impact of a breach, a court should consider the cumulative impact of related Charter breaches on D’s Charter-protected rights.
R. v. Lui, 2022 NBCA 28, 419 C.C.C. (3d) 429 — P is not required to disclose material it does not have or cannot obtain, as, for example, messages contained in the cellphone of a witness not seized by the police or otherwise within the fruits of the investigation.
R. v. Merritt, 2023 ONCA 3, 421 C.C.C. (3d) 1 — A partial or incomplete statement that lacks sufficient context to give meaning to the words is inadmissible when tendered as an admission.

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