R. v. Fountain
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Rouleau, Trotter , Paciocco |
| Citation | 2017 ONCA 596 |
| Docket Number | C62255 |
| Date | 12 July 2017 |
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35 practice notes
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Table of Cases
...256 Forsyth, R v , 1973 CanLII 1526, 15 CCC (2d) 23 (Man CA) ........................... 85 Fountain, R v , 2017 ONCA 596 ................................................. 506 Fowler, R v, 1982 CanLII 3683, 2 CCC (3d) 227 (NSSC (AD)) ....................... 474 Fox, R v , 2022 ABQB 132 ..........
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Right to Counsel: General Principles and Informational Obligations
...note 24 at paras 23, 26; McCrimmon , supra note 29 at paras 17, 18. 33 R v Prosper , [1994] 3 SCR 236, 1994 CanLII 65. 34 R v Fountain , 2017 ONCA 596 at paras 27-56; Willier , supra note 21 at paras 31, 32. 35 R v Jhite , 2021 ONSC 3036 at paras 64-70; R v Doobay , 2019 ONSC 7272 at paras ......
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Table of cases
...129 R v Fountain, 2015 ONCA 354 ................................................................... 114, 138 R v Fountain, 2017 ONCA 596, 136 OR (3d) 625, [2017] OJ No 3664...... 335, 340 R v Fox (1986), 24 CCC (3d) 366, 50 CR (3d) 370, [1986] BCJ No 89 (CA), leave to appeal to SCC refused,......
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Right to Counsel: Implementational Obligations
...if there are objectively observable indicators that the police have coerced or misled the detainee into opting for duty counsel.361 357 2017 ONCA 596. 358 Ibid at paras 32-38. 359 The oicer also seemed to mistakenly endorse the option of waiting until the next day: ibid at para 19. 360 Ibid......
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24 cases
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Dietrich v. R
...thwarted as Mr. Dietrich was simply a bystander coerced to move along into giving breath samples, akin to the decision in R v Fountain, 2017 ONCA 596, 351 CCC (3d) 291 [44] In response to Mr. Dietrich’s allegations of error in the trial judge’s reasoning, the Crown submitted the trial judge......
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R v Keror
...(3d) 209; R v Black, [1989] 2 SCR 138 at pp 154-155, 70 CR (3d) 97; R v Willier, 2010 SCC 37 at para 35, [2010] 2 SCR 429; R v Fountain, 2017 ONCA 596.[39] The appellant makes two related arguments. First, the appellant suggests that the trial judge erred when she inferred that the appellan......
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R. v. El-Zahawi and Chung
...not violate the “hold-off” rule in the circumstances of this case. As well, there was no need for a Prosper warning, see R. v. Fountain, 2017 ONCA 596, at paras. 21-30. The “hold-off” requirement does not require that the police officers sit in absolute silence once a detainee has asked to ......
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R. v. Woo
...reason in the circumstances to doubt their reliability, although they are likely far less important to the Crown’s case: R. v. Fountain, 2017 ONCA 596, at para. E. Balancing [107] The applicant is charged with very serious offences. It is alleged that he was in possession of a veritable ars......
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2 firm's commentaries
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Court Of Appeal Summaries (March 16 March 20, 2020)
...Lacasse, 2015 SCC 64 R. v. K., 2020 ONCA 213 Keywords: Criminal Law, Robbery, Evidence, Admissibility, Prosper Warning, R. v. Fountain, 2017 ONCA 596 R. v. L., 2020 ONCA 203 (Appeal Book Keywords: Criminal Law, Abandoned Appeal R. v. W., 2020 ONCA 207 (Publication Ban) Keywords: Criminal La......
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Ontario Court Of Appeal Summaries (July 10 July 14, 2017)
...of Trafficking, Admissibility, Reasonable and Probable Grounds, Charter ss. 8 and 24(2), R. v. Debot, [1989] 2 S.C.R. 1140 v. Fountain, 2017 ONCA 596 [Weiler, Hourigan and Pardu JJ.A.] Counsel: Doucette, for the appellant Young, for the respondent Key Words: Armed Robbery, Forcible Confinem......
9 books & journal articles
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The Impact of the Charter
...The police oicer noted that the appellant was not speaking on the phone, and 290 R v Basko , 2007 SKCA 111 [ Basko ]. 291 R v Fountain , 2017 ONCA 596 at para 44 [ Fountain ] [emphasis in original]. 292 Ibid at para 41. 293 Ibid at para 37. 294 As a further example, see Sabados , above note......
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Arrest
...Prosper , above note 111. This obligation was reaffirmed by the Court in R v Willier , 2010 SCC 37 [ Willier ]. 114 See R v Fountain , 2017 ONCA 596 [ Fountain ] for both of these points. CR IMINAL PROCEDURE 336 The police also must not act to undermine the right, by making disparaging comm......
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Table of cases
...222, 225 R v Fountain, 2015 ONCA 354 ............................................................................. 74 R v Fountain, 2017 ONCA 596 ................................................................... 377, 379 R v Fox, 2003 SKCA 79 ....................................................
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Rights to Counsel: Section 10(b) of the Charter
...[1994] SCJ No 74 (QL) at para 17. 52 R v Willier , ibid . 53 R v Prosper , [1994] 3 SCR 236, 1994 CanLII 65 at para 43; R v Fountain , 2017 ONCA 596 at paras 27-30; R v Willier , ibid at para 31. 54 R v Willier , ibid at paras 38-41. 55 R v Littleford , 2001 CanLII 8559, 147 OAC 123 (CA) . ......
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