R. v. Brown
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Supreme Court (Canada) |
| Judge | Wagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Citation | 2022 SCC 18 |
| Docket Number | 39781 |
| Date | 13 May 2022 |
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79 practice notes
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R. v. Sullivan
...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ......
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Ahluwalia v. Ahluwalia
...[1990] 1 S.C.R. 852; Michel v. Graydon, 2020 SCC 24, [2020] 2 S.C.R. 763; R. v. Stairs, 2022 SCC 11, [2022] 1 S.C.R. 169; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; R. v. Kirkpatrick, 2022 SCC 33, [2022] 2 S.C.R. 480; Jones v. Tsige, 2012 ONCA 32, 108 O.R. (3d) 241; Borowski v. Canada (......
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R. v. B.F.
...Maybin, 2012 SCC 24, [2012] 2 S.C.R. 30; R. v. Briscoe, 2010 SCC 13, [2010] 1 S.C.R. 411; R. v. Bernard, [1988] 2 S.C.R. 833; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486; R. v. Creighton, [1993] 3 S.C.R. 3; R. v. Harbottle, [1993] 3 S.C.R. 3......
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Jonk v. Mercier
...prove all elements of the offence on the “beyond a reasonable doubt standard”, not the civil balance of probabilities standard: R v Brown, 2022 SCC 18 at para 99; Questor Technology Inc v Stagg, 2024 ABKB 377 at para 36. [102] A conviction for perjury comes with seri......
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55 cases
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R. v. Sullivan
...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ......
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Ahluwalia v. Ahluwalia
...[1990] 1 S.C.R. 852; Michel v. Graydon, 2020 SCC 24, [2020] 2 S.C.R. 763; R. v. Stairs, 2022 SCC 11, [2022] 1 S.C.R. 169; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; R. v. Kirkpatrick, 2022 SCC 33, [2022] 2 S.C.R. 480; Jones v. Tsige, 2012 ONCA 32, 108 O.R. (3d) 241; Borowski v. Canada (......
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R. v. B.F.
...Maybin, 2012 SCC 24, [2012] 2 S.C.R. 30; R. v. Briscoe, 2010 SCC 13, [2010] 1 S.C.R. 411; R. v. Bernard, [1988] 2 S.C.R. 833; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486; R. v. Creighton, [1993] 3 S.C.R. 3; R. v. Harbottle, [1993] 3 S.C.R. 3......
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Jonk v. Mercier
...prove all elements of the offence on the “beyond a reasonable doubt standard”, not the civil balance of probabilities standard: R v Brown, 2022 SCC 18 at para 99; Questor Technology Inc v Stagg, 2024 ABKB 377 at para 36. [102] A conviction for perjury comes with seri......
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5 firm's commentaries
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Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ......
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Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ......
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What Is Automatism? And Can It "Justify" Violent Criminal Behaviour In Canada?
...voluntary control over that action" (R v. Stone, [1999] 2 S.C.R. 2019, at para. 156).1 Court Decisions Involving Automatism In R v. Brown, 2022 SCC 18, the defendant, consumed alcohol and magic mushrooms at a party, which contained psilocybin. He then "lost his grip on reality" and left the......
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In Sullivan, The SCC Clarifies Role Of Stare Decisis In Constitutional Litigation
...an eye on constitutional litigation and decisions from across the country when seeking relief under s. 52(1). Footnotes 1. R v. Brown, 2022 SCC 18. 2. R v. Sullivan, 2022 SCC 3. Automatism is a state of unconsciousness that renders a person incapable of consciously controlling their behavio......
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19 books & journal articles
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Table of Cases
...273 (Sup Ct J) .............. 454-55 Brown, R v , 2021 NSPC 32 ................................................ 278, 280 Brown, R v , 2022 SCC 18 ....................................................... 92 Brown v Regional Municipality of Durham Police Service Board , 1998 CanLII 7198, 43 OR......
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Expert Evidence
...and only time will tell whether the new drafting of section 33.1 is constitutionally sound. 196 R v Sullivan , 2022 SCC 19; R v Brown , 2022 SCC 18. 197 Criminal Code , s 33.1. © 2024 Emond Montgomery Publications. All Rights Reserved. luntariness required to commit an ofence when, before t......
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Fail or Refuse Screening Demand: Section 320.15(1)
...65 R v Penno , [1990] 2 SCR 865, 1990 CanLII 88 ; R v Whyte , [1988] 2 SCR 3, 1988 CanLII 47 . 66 R v Whyte , ibid . 67 R v Brown , 2022 SCC 18 . 68 R v Dawson , 1996 CanLII 11036, 140 Nfld & PEIR 176 at para 11 (CA) ; R v Moser , 1992 CanLII 2839, 7 OR (3d) 737 (CA) ; R v Malicia , [2004] ......
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Consent
...discussion of automatism in that context. 195 Supra note 193; R v Bernard , ibid at para 73. 196 R v Sullivan , 2022 SCC 19; R v Brown , 2022 SCC 18. 197 Sansregret v The Queen , supra note 24 at 582. © 2024 Emond Montgomery Publications. All Rights Reserved. Chapter 14 Consent 477 substitu......
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