R. v. Barclay
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Hoy A.C.J.O., Doherty and Feldman JJ.A. |
| Citation | 2018 ONCA 114 |
| Date | 08 February 2018 |
| Docket Number | C63097 |
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40 practice notes
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Table of cases
...267 R v Balendra, 2019 ONCA 68 ......................................................123, 125, 131, 132 R v Barclay, 2018 ONCA 114, 404 CRR (2d) 349 ......................... 187, 260, 266–67 R v Barnes, [1991] 1 SCR 449, 63 CCC (3d) 1, [1991] SCJ No 17 ...................... 452 R v Baron,......
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Aggravating and Mitigating Factors
...are more likely to focus on the public-interest branch of the test. The frequency of the ofence in the community 150 R v Barclay, 2018 ONCA 114 at para 50 (emphasis in original), citing Priest, supra note 141 at 545 (no emphasis) [cited to CCC]. 151 R v Mercer, 2015 BCCA 330 at para 15, cit......
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Powers of Detention
...detention should not become a de facto arrest. The Ontario Court of Appeal noted that 157 McGuie , above note 128 at para 38. 158 2018 ONCA 114 [ Barclay ]. 159 The trial judge had found no s 9 violation. The Court of Appeal held that there was a violation but that the evidence should not b......
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Table of Cases
...328 Barber , R v , [2000] OJ No 2976 (QL), 47 WCB (2d) 188 (Sup Ct J) .................................. 429 Barclay , R v , 2018 ONCA 114 .................................................................. 141 Bares , R v , 2008 CanLII 9367 (Ont Sup Ct J) .........................................
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23 cases
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R. v. Williams
...“require reasonable and probable grounds, both subjectively and objectively, to arrest a suspect without a warrant” (Regina v. Barclay, 2018 ONCA 114, at para. 35) or indeed to obtain a warrant to arrest: see also Regina v. Dhillon, 2016 ONCA 308, at paras. 23-25, 29-45; Regina v. Wu, 2015 ......
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R. v. Hayatibahar
...While an investigative detention must be brief, its duration is dependent on the circumstances of a particular case, see R. v. Barclay, 2018 ONCA 114 at paras. 26-32. In this case, Mr. Hayatibahar’s medical treatment was a paramount concern. He had been involved in a horrific accident. Desp......
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R v Anderson
...detention is inconsistent with the principles set out in R. v. McGuffie, 2016 ONCA 365, 131 O.R. (3d) 643, and R. v. Barclay, 2018 ONCA 114, 44 C.R. (7th) 32 The trial judge found that, once Mr. Rhoden said that he and Mr. Anderson were fleeing from a shooting at the Cameo Lounge and the sh......
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R v Molnar
...because of information obtained from the airline. In other cases, the accused person disembarked with the luggage (see R v Barclay, 2018 ONCA 114), was observed with the luggage (see R v Lam, 2003 ABCA 201; and R v Truong, 2002 BCCA 315) or picked up the luggage from the bus (see R v Navale......
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1 firm's commentaries
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Ontario Court Of Appeal Summaries (February 5 February 9)
...Catriona Verner, for the appellant Mabel Lai, for the respondent Keywords: Criminal Law, Reverse Onus, Fresh Evidence R. v. Barclay, 2018 ONCA 114 [Hoy A.C.J.O., Doherty and Feldman JJ.A.] Counsel: Jonathan Dawe, for the appellant Jeanette Gevikoglu, for the respondent Keywords: Criminal La......
16 books & journal articles
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Table of cases
...267 R v Balendra, 2019 ONCA 68 ......................................................123, 125, 131, 132 R v Barclay, 2018 ONCA 114, 404 CRR (2d) 349 ......................... 187, 260, 266–67 R v Barnes, [1991] 1 SCR 449, 63 CCC (3d) 1, [1991] SCJ No 17 ...................... 452 R v Baron,......
-
Aggravating and Mitigating Factors
...are more likely to focus on the public-interest branch of the test. The frequency of the ofence in the community 150 R v Barclay, 2018 ONCA 114 at para 50 (emphasis in original), citing Priest, supra note 141 at 545 (no emphasis) [cited to CCC]. 151 R v Mercer, 2015 BCCA 330 at para 15, cit......
-
Powers of Detention
...detention should not become a de facto arrest. The Ontario Court of Appeal noted that 157 McGuie , above note 128 at para 38. 158 2018 ONCA 114 [ Barclay ]. 159 The trial judge had found no s 9 violation. The Court of Appeal held that there was a violation but that the evidence should not b......
-
Table of Cases
...328 Barber , R v , [2000] OJ No 2976 (QL), 47 WCB (2d) 188 (Sup Ct J) .................................. 429 Barclay , R v , 2018 ONCA 114 .................................................................. 141 Bares , R v , 2008 CanLII 9367 (Ont Sup Ct J) .........................................
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