R v Goldfinch, 2018 ABCA 240

JudgeThe Honourable Mr. Justice Ronald Berger; The Honourable Mr. Justice J.D. Bruce McDonald; The Honourable Madam Justice Jo'Anne Strekaf
CourtCourt of Appeal (Alberta)
Case DateJuly 06, 2018
JurisdictionAlberta
Citations2018 ABCA 240
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6 practice notes
  • Myth, Inference and Evidence in Sexual Assault Trials.
    • Canada
    • Queen's Law Journal Vol. 44 No. 2, March 2019
    • March 22, 2019
    ...28. (130.) See ibid at para 24. (131.) Ibid at paras 34-35. This reasoning was relied upon by Berger J in dissent in R v Goldfinch. See 2018 ABCA 240. (132.) See R v Provo, 2018 ONCJ 474; R v WJA, 2010 YKTC 108 at para 34; R v Field, 2010 YKSC 11 at paras 2, (133.) R v Goldfinch, supra note......
  • R. v. T.W.W.,
    • Canada
    • Court of Appeal (British Columbia)
    • September 16, 2022
    ...evidence improbable.” I pause to note that the reasoning in Strickland was rejected by the Alberta Court of Appeal in Goldfinch (2018 ABCA 240, at paras. 34–40) and by the Supreme Court of Canada (at paras. 59–60). W’s written argument in support of the......
  • R v SL, 2018 ABQB 889
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 31, 2018
    ...that the subject matter is sexual activity, or denial thereof, is purely beside the point. [21] In the recent decision in R v Goldfinch, 2018 ABCA 240, the Court of Appeal said, in ordering a new trial, that the trial judge erred in allowing a cross-examination on a complainant’s sexual his......
  • R. v. MacMillan, 2019 ONSC 6018
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 29, 2019
    ...to it incredible. I cannot accept this argument. As the Alberta Court of Appeal stated in R. v. Goldfinch (2018), 363 C.C.C. (3d) 406, 2018 ABCA 240 at para 40, aff’d (2019), 55 C.R. (7th) 215, 2019 SCC 38 at paras. 58-60, “admitting evidence to dispel the inference of the unlikelihood of c......
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5 cases
  • R. v. T.W.W.,
    • Canada
    • Court of Appeal (British Columbia)
    • September 16, 2022
    ...evidence improbable.” I pause to note that the reasoning in Strickland was rejected by the Alberta Court of Appeal in Goldfinch (2018 ABCA 240, at paras. 34–40) and by the Supreme Court of Canada (at paras. 59–60). W’s written argument in support of the......
  • R v SL, 2018 ABQB 889
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 31, 2018
    ...that the subject matter is sexual activity, or denial thereof, is purely beside the point. [21] In the recent decision in R v Goldfinch, 2018 ABCA 240, the Court of Appeal said, in ordering a new trial, that the trial judge erred in allowing a cross-examination on a complainant’s sexual his......
  • R. v. MacMillan, 2019 ONSC 6018
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 29, 2019
    ...to it incredible. I cannot accept this argument. As the Alberta Court of Appeal stated in R. v. Goldfinch (2018), 363 C.C.C. (3d) 406, 2018 ABCA 240 at para 40, aff’d (2019), 55 C.R. (7th) 215, 2019 SCC 38 at paras. 58-60, “admitting evidence to dispel the inference of the unlikelihood of c......
  • R. v. Goldfinch, 2019 SCC 38
    • Canada
    • Supreme Court (Canada)
    • June 28, 2019
    ...Cases” (2013‑2014), 45 Ottawa L. Rev. 495. APPEAL from a judgment of the Alberta Court of Appeal (McDonald, Strekaf and Berger JJ.A.), 2018 ABCA 240, 48 C.R. (7th) 22, 72 Alta. L.R. (6th) 317, 363 C.C.C. (3d) 406, [2018] A.J. No. 830 (QL), 2018 CarswellAlta 1312 (WL Can.), setting aside the......
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1 books & journal articles
  • Myth, Inference and Evidence in Sexual Assault Trials.
    • Canada
    • Queen's Law Journal Vol. 44 No. 2, March 2019
    • March 22, 2019
    ...28. (130.) See ibid at para 24. (131.) Ibid at paras 34-35. This reasoning was relied upon by Berger J in dissent in R v Goldfinch. See 2018 ABCA 240. (132.) See R v Provo, 2018 ONCJ 474; R v WJA, 2010 YKTC 108 at para 34; R v Field, 2010 YKSC 11 at paras 2, (133.) R v Goldfinch, supra note......

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