R v Cortes Rivera, 2020 ABCA 76

JudgeThe Honourable Mr. Justice Frans Slatter,The Honourable Madam Justice Myra Bielby,The Honourable Mr. Justice Brian O’Ferrall
Citation2020 ABCA 76
Docket Number1803-0332-A
CourtCourt of Appeal (Alberta)
Date25 February 2020
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9 practice notes
  • R v Settle,
    • Canada
    • Court of Appeal (Alberta)
    • June 14, 2021
    ...the evidence was otherwise overwhelming and a conviction was inevitable.” This is interesting because the majority of this Court in 2020 ABCA 76 at para 28, 453 DLR (4th) 387, characterized the situation somewhat differently, 28 We arrive at this conclusion because even had cross-examinatio......
  • R v Sheppard,, 2020 ABCA 455
    • Canada
    • Court of Appeal (Alberta)
    • December 11, 2020
    ...determining whether any Charter rights of an accused were violated raises a question of law reviewable for correctness (R v Cortes Rivera, 2020 ABCA 76 at para 18, citing R v Shepherd, 2009 SCC 35 at para 20). Brief Conclusion [35]          ......
  • R v S (D),
    • Canada
    • Court of Appeal (Manitoba)
    • December 5, 2022
    ...second stage (see R v Ecker (1995), 96 CCC (3d) 161 at 181-82 (Sask CA); R v LeBrocq, 2011 ONCA 405 at para 8; and R v Cortes Rivera, 2020 ABCA 76 at para 16).  Given the low threshold test at the first stage, the chlamydia evidence in this case could be relevant to the issue of t......
  • R v Sardar, 2021 ABQB 111
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 11, 2021
    ...test is a question of law and is reviewable on a standard of correctness (R v Poxleitner, 2020 ABCA 136 at para 44; R v Cortes Riveria, 2020 ABCA 76 at para 18; R v Clark, 2016 ABCA 72 at para 62; R v RS, 2013 ABCA 437 at para [10]        The second compla......
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9 cases
  • R v Settle,
    • Canada
    • Court of Appeal (Alberta)
    • June 14, 2021
    ...the evidence was otherwise overwhelming and a conviction was inevitable.” This is interesting because the majority of this Court in 2020 ABCA 76 at para 28, 453 DLR (4th) 387, characterized the situation somewhat differently, 28 We arrive at this conclusion because even had cross-examinatio......
  • R v Sheppard,, 2020 ABCA 455
    • Canada
    • Court of Appeal (Alberta)
    • December 11, 2020
    ...determining whether any Charter rights of an accused were violated raises a question of law reviewable for correctness (R v Cortes Rivera, 2020 ABCA 76 at para 18, citing R v Shepherd, 2009 SCC 35 at para 20). Brief Conclusion [35]          ......
  • R v S (D),
    • Canada
    • Court of Appeal (Manitoba)
    • December 5, 2022
    ...second stage (see R v Ecker (1995), 96 CCC (3d) 161 at 181-82 (Sask CA); R v LeBrocq, 2011 ONCA 405 at para 8; and R v Cortes Rivera, 2020 ABCA 76 at para 16).  Given the low threshold test at the first stage, the chlamydia evidence in this case could be relevant to the issue of t......
  • R v Sardar, 2021 ABQB 111
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 11, 2021
    ...test is a question of law and is reviewable on a standard of correctness (R v Poxleitner, 2020 ABCA 136 at para 44; R v Cortes Riveria, 2020 ABCA 76 at para 18; R v Clark, 2016 ABCA 72 at para 62; R v RS, 2013 ABCA 437 at para [10]        The second compla......
  • Request a trial to view additional results

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