R. v. Jiang, 2018 ONCA 1081
| Jurisdiction | Ontario |
| Judge | Hourigan, Pardu and Harvison Young JJ.A. |
| Citation | 2018 ONCA 1081 |
| Date | 27 December 2018 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C62742 |
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5 practice notes
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R. v. Vallee,
...remedy” or “last resort” or “real danger” standards. At the same time, relying on Ryan, R. v. Arnold, 2001 BCCA 374, and R. v. Jiang, 2018 ONCA 1081, he says the judge in this case should have relied on Dixon and asked whether there is a “reasonable possibility” that the right to a fair tri......
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Ontario Court Of Appeal Summaries (December 24 28, 2018)
...2004 CanLII 9527 (Ont. C.A.), Evidence, Admissibility, Hearsay, Prior Inconsistent Statements, Vetrovec Witnesses R. v. Jiang, 2018 ONCA 1081 Keywords: Criminal Law, Second Degree Murder, Mistrials, Non-Disclosure, Canadian Charter of Rights and Freedoms, s. 7, R. v. Dixon, [1998] 1 S.C.R. ......
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R. v. Sandeson, 2020 NSCA 47
...evidence. [Emphasis in original] See also R. v. Aldhelm-White, 2008 NSCA 86, ¶14; R. v. Alcantara, 2013 ABCA 163, ¶27; R. v. Jiang, 2018 ONCA 1081, [65] In R. v. T.S., 2012 ONCA 289, Watt J.A. provided a helpful statement on how to assess the impact of the late disclosure on trial fairness:......
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R. v. Barra,
...that the failure affected either the outcome of the trial or the overall fairness of the trial process: Dixon, at para. 35; R. v. Jiang, 2018 ONCA 1081, 370 C.C.C. (3d) 373, at para. 4. [142] A fair trial is a trial that appears fair, not only from the perspective of the a......
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4 cases
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R. v. Vallee,
...remedy” or “last resort” or “real danger” standards. At the same time, relying on Ryan, R. v. Arnold, 2001 BCCA 374, and R. v. Jiang, 2018 ONCA 1081, he says the judge in this case should have relied on Dixon and asked whether there is a “reasonable possibility” that the right to a fair tri......
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R. v. Sandeson, 2020 NSCA 47
...evidence. [Emphasis in original] See also R. v. Aldhelm-White, 2008 NSCA 86, ¶14; R. v. Alcantara, 2013 ABCA 163, ¶27; R. v. Jiang, 2018 ONCA 1081, [65] In R. v. T.S., 2012 ONCA 289, Watt J.A. provided a helpful statement on how to assess the impact of the late disclosure on trial fairness:......
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R. v. Barra,
...that the failure affected either the outcome of the trial or the overall fairness of the trial process: Dixon, at para. 35; R. v. Jiang, 2018 ONCA 1081, 370 C.C.C. (3d) 373, at para. 4. [142] A fair trial is a trial that appears fair, not only from the perspective of the a......
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R v Wollach, 2020 ABPC 172
...create “a reasonable possibility that it affected the overall fairness of the trial?” R v Vader, (2013) ABQB 68 at para 4; R v Jiang, 2018 ONCA 1081 at paras - The usual remedy for non-disclosure is an adjournment where practical or a mistrial (R v Wanner, 2002 ABQB 978 at para 9 The retrie......
1 firm's commentaries
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Ontario Court Of Appeal Summaries (December 24 28, 2018)
...2004 CanLII 9527 (Ont. C.A.), Evidence, Admissibility, Hearsay, Prior Inconsistent Statements, Vetrovec Witnesses R. v. Jiang, 2018 ONCA 1081 Keywords: Criminal Law, Second Degree Murder, Mistrials, Non-Disclosure, Canadian Charter of Rights and Freedoms, s. 7, R. v. Dixon, [1998] 1 S.C.R. ......