R. v. D’Amico, 2019 SCC 23

JurisdictionFederal Jurisdiction (Canada)
JudgeWagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin JJ.
Citation2019 SCC 23
Docket Number38512
CourtSupreme Court (Canada)
Date11 April 2019
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6 practice notes
  • Appeals
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • 23 Junio 2020
    ...new trial which would be held before a judge and jury, the accused has the right to re-elect another mode of trial. 214 207 R v D’Amico , 2019 SCC 23. The Court says that this is the interpretation for section 691, dealing with appeals by the accused, but there is no obvious reason it shoul......
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • 23 Junio 2020
    ...Criminal Code of Canada (Re), [2002] SJ No 54, 2002 SKPC 11 ...................... 219 D’Amico c R, 2019 QCCA 77, 2019 SCC 23 ....................................................... 106 Dagenais v Canadian Broadcasting Corp, [1994] 3 SCR 835, 94 CCC (3d) 289, [1994] SCJ No 104 ...................
  • Search and Seizure
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • 23 Junio 2020
    ...352. 133 See ibid at paras 370–82. 134 In D’Amico itself, the Supreme Court concluded that the accused did not have an appeal as of right (2019 SCC 23) and dismissed the application for leave to appeal. 135 See Chehil NSCA, above note 89, dealing with an airline passenger manifest. For pre-......
  • R v MacNeil,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 26 Abril 2022
    ...is met, amounts to a question of law and attracts a correctness standard: R v Shepherd, 2009 SCC 35 at paras 18 – 20; R v Le, 2019 SCC 23 at para 23.  Lost Disclosure and Remedy [26]        Several Supreme Court of Canada and Courts of Appeal c......
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2 cases
  • R v MacNeil,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 26 Abril 2022
    ...is met, amounts to a question of law and attracts a correctness standard: R v Shepherd, 2009 SCC 35 at paras 18 – 20; R v Le, 2019 SCC 23 at para 23.  Lost Disclosure and Remedy [26]        Several Supreme Court of Canada and Courts of Appeal c......
  • R v Donnally,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 15 Marzo 2022
    ...standard is purely a question of law that attract the standard of correctness: R v Shepherd, 2009 SCC 35 at paras 18 – 20; R v Le, 2019 SCC 23 at para 23. [33]        The Appellant argues that Mr. Donnally was incorrectly identified because of the t......
5 books & journal articles
  • Search and Seizure
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • 23 Junio 2020
    ...352. 133 See ibid at paras 370–82. 134 In D’Amico itself, the Supreme Court concluded that the accused did not have an appeal as of right (2019 SCC 23) and dismissed the application for leave to appeal. 135 See Chehil NSCA, above note 89, dealing with an airline passenger manifest. For pre-......
  • Appeals
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • 23 Junio 2020
    ...new trial which would be held before a judge and jury, the accused has the right to re-elect another mode of trial. 214 207 R v D’Amico , 2019 SCC 23. The Court says that this is the interpretation for section 691, dealing with appeals by the accused, but there is no obvious reason it shoul......
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • 23 Junio 2020
    ...Criminal Code of Canada (Re), [2002] SJ No 54, 2002 SKPC 11 ...................... 219 D’Amico c R, 2019 QCCA 77, 2019 SCC 23 ....................................................... 106 Dagenais v Canadian Broadcasting Corp, [1994] 3 SCR 835, 94 CCC (3d) 289, [1994] SCJ No 104 ...................
  • What Is a Reasonable Expectation of Privacy?
    • Canada
    • Irwin Books Search and Seizure
    • 18 Noviembre 2023
    ...it functioned essentially as a “mobile 348 Ibid at paras 352 and 362. 349 Ibid at paras 366–85. 350 Ibid at para 317. 351 R v D’Amico, 2019 SCC 23, holding at para 3 that “Vauclair J.A.’s disagreement does not go to the result and is better characterized as a concurring opinion or an opinio......
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