R. v. Breault

JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeWagner, Richard; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud; O’Bonsawin, Michelle
Citation2023 SCC 9
Date13 April 2023
Docket Number39680

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48 cases
5 firm's commentaries
  • Court Of Appeal Summaries (February 24-28, 2025)
    • Canada
    • Mondaq Canada
    • March 5, 2025
    ...v. Lake of Bays (Township), 2022 ONCA 626, Wong v. Lui, 2023 ONCA 272, Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, R. v. Breault, 2023 SCC 9, MediaQMI inc. v. Kamel, 2021 SCC 23, Canaccord Capital Corp. v. Roscoe, 2013 ONCA 378, York Condominium Corp. No. 380 v. Jay-M Holdings Ltd., ......
  • Court Of Appeal Summaries (December 8 ' 12, 2025)
    • Canada
    • Mondaq Canada
    • December 18, 2025
    ...Sun Life Assurance of Canada (2000), 135 O.A.C. 115 (C.A.), Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32, R. v. Breault, 2023 SCC 9, TELUS Communications Inc. v. Wellman, 2019 SCC 19, Piekut v. Canada (National Revenue), 2025 SCC 13, Canada Systems Group (EST) Ltd. v. All......
  • COURT OF APPEAL SUMMARIES (JANUARY 26 – JANUARY 30)
    • Canada
    • LexBlog Canada
    • February 1, 2026
    ...Corporation, 2012 FCA 165, 431 N.R. 286, R. v. Kruk, 2024 SCC 7, Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, R. v. Breault, 2023 SCC 9, 481 D.L.R. (4th) 195, Pointe-Claire (City) v. Quebec (Labour Court), [1997] 1 S.C.R. 1015, Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42......
  • Change Of Mind After Refusing Roadside Approved Screening Device ["ASD"] Demand
    • Canada
    • Mondaq Canada
    • August 28, 2025
    ...the maximum length of time that police have to legally obtain a breath sample. As set out by the Supreme Court of Canada in R v. Breault, 2023 SCC 9, the immediacy requirement is interpreted to mean that a breath sample be provided immediately and without delay. There is some operational fl......
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3 books & journal articles
  • Right to Counsel: General Principles and Informational Obligations
    • Canada
    • Criminal Law Series Detention, Arrest and the Right to Counsel
    • September 19, 2024
    ...at a border crossing 68 R v Woods , 2005 SCC 42 at para 14. 69 R v Breault , infra note 71 at paras 34, 35. 70 Ibid at paras 61-67. 71 2023 SCC 9 at paras 4-7, 51, 62, 63. 72 2011 ONCA 527. 73 2012 ONCA 123. 74 Ibid at paras 52, 53. © 2025 Emond Montgomery Publications. All Rights Reserved.......
  • Table of Cases
    • Canada
    • Criminal Law Series Detention, Arrest and the Right to Counsel
    • September 19, 2024
    ...216 Bray , R v , [2014] SJ No 821 (QL) (PC) .......................................... 376 Breault , R v , 2023 SCC 9 .................................................. 76, 330 Brigs v Durham Regional Police Services , 2015 HRTO 1712 .......................... 116 Brinegar v United States ,......
  • Is the Detention Lawful?
    • Canada
    • Criminal Law Series Detention, Arrest and the Right to Counsel
    • September 19, 2024
    ...Criminal Code in 2018. In the same way that a groundless, random stopping power is arbitrary under section 9, the law that authorizes 58 2023 SCC 9. 59 Ibid at paras 4, 6, 7, 54, 59, 60. 60 Criminal Code , s 320.27(2). © 2025 Emond Montgomery Publications. All Rights Reserved. Chapter 3 Is ......