R. v. J.J., 2022 SCC 28

JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeWagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud
Citation2022 SCC 28
Date30 June 2022
Docket Number39133, 39516
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6 practice notes
  • R v McKnight,
    • Canada
    • Court of Appeal (Alberta)
    • July 18, 2022
    ...where the court determines whether the proposed evidence meets the test for admissibility under s 276(2). See paras 28, 31 of R v JJ, 2022 SCC 28 [JJ], where the Supreme Court of Canada upheld the constitutionality of ss 278.93 and 278.94 as well as that of s 278.92, a provision dealing wit......
  • R. v. McKinley,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • July 13, 2022
    ...It also includes considerations of the rights of witnesses including their personal dignity and privacy interests: see R. v. J.J., 2022 SCC 28 at para. 184. The right to cross-examination is not unlimited and must be balanced by countervailing factors such as the potential prejudice to a wi......
  • R v Bobrosky,
    • Canada
    • Court of Appeal (Alberta)
    • July 8, 2022
    ...Both counsel for the applicant and the respondent brought to my attention the Supreme Court of Canada’s decision R v JJ, 2022 SCC 28, released late last week. JJ concerned the constitutionality of the record screening regime in ss. 278.92 to 278.94 of the Criminal Code. [11] &#x......
  • R v AK,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 30, 2022
    ...The Supreme Court recently considered a constitutional challenge to these provisions in R v JJ, 2022 SCC 28, (“JJ”) and in doing so, clarified the two-stage procedure to be followed and the considerations to be undertaken by the presiding judge on such applications.  [15]......
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14 cases
  • R v McKnight,
    • Canada
    • Court of Appeal (Alberta)
    • July 18, 2022
    ...where the court determines whether the proposed evidence meets the test for admissibility under s 276(2). See paras 28, 31 of R v JJ, 2022 SCC 28 [JJ], where the Supreme Court of Canada upheld the constitutionality of ss 278.93 and 278.94 as well as that of s 278.92, a provision dealing wit......
  • R. v. Khan,
    • Canada
    • Court of Appeal (Ontario)
    • October 14, 2022
    ...[1997] 2 S.C.R. 680 at paras. 24‑25. In addition, a fair trial is not the same as the most advantageous trial: see R. v. J.J., 2022 SCC 28, at para. 125, citing R. v. Goldfinch, 2019 SCC 38, [2019] 3 S.C.R. 3, at para. 30, and R. v. Quesnelle, 2014 SCC 46, [2014] 2 S.C.R. 3......
  • R. v. Martiuk,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 30, 2022
    ...After I heard argument in this matter the Supreme Court of Canada released its decision in R. v. J.J., 2022 SCC 28.  That decision upheld the constitutionality of the December 2018 amendments.  J.J. also provided guidance for trial courts as to the proper approach to be taken. ......
  • R. v. Hoggard,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 20, 2022
    ...Such an experience should no longer be an ordinary or expected aspect of being a complainant in a sexual assault trial:  R. v. J.J., 2022 SCC 28.  Again, I attribute no blame; my role is not to conduct a post-mortem of the trial process.  But there can be no question that bot......
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