R. v. J.J., 2022 SCC 28
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Supreme Court (Canada) |
| Judge | Wagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Citation | 2022 SCC 28 |
| Date | 30 June 2022 |
| Docket Number | 39133, 39516 |
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22 practice notes
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R v McKnight,
...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......
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R. v. Khan,
...R. v. La, [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. 390, at ......
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R v S (D),
...R v Barton, 2019 SCC 33 at para 74; see also R v Goldfinch, 2019 SCC 38 at paras 28-38; R v RV, 2019 SCC 41 at paras 32-46; and R v JJ, 2022 SCC 28). [18] Section 276(1) provides that evidence of sexual activity of a complainant other than that which is the subject of a......
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R. v. Martiuk,
...under s. 278.2(2). [33] 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 ......
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34 cases
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R v Sheppard,
...32-46, [2019] 3 SCR 237. They are also noted in cases related to ss 278.1 to s 279.91: see eg R v Mills, [1999] 3 SCR 668 and R v JJ, 2022 SCC 28 at paras 57-60, paras 113-122, paras 127-133, 471 DLR (4th) [21] Proper interpretatio......
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R v Clarke,
...has been said repeatedly, fundamental justice does not mean perfect or ideal justice from the point of view of the accused: see R v J(J), 2022 SCC 28 at para 184 per Wagner CJC and Moldaver J, 415 CCC (3d) 285. As also exemplified in J(J) at paras 114-115, there is overlap between s 7 and s......
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R v McKnight,
...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......
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R. v. McPherson,
...lead to a different result. [Emphasis added]. [46] The second case is R. v. J.J., 2022 SCC 28. It addressed s. 278.92 privacy interests in records that are in the accused’s possession in sexual assault cases. In other words, it is......
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