R v K.D.S.

JurisdictionSaskatchewan
JudgeJackson, Barrington-Foote and Tholl JJ.A.
Neutral Citation2021 SKCA 84
Citation2021 SKCA 84
Date28 May 2021
CourtCourt of Appeal (Saskatchewan)
Docket NumberCACR3231

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
4 practice notes
  • Stays of Proceedings
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ...40 at para 30, citing R v La , supra note 38 at para 20. 42 Ibid at para 32. 43 R v Janeiro , supra note 40 at paras 120-24. 44 R v KDS , 2021 SKCA 84. See also R v Forster , 2005 SKCA 107, where the same Court upheld a stay granted in response to an oicer’s deliberate destruction of his no......
  • Table of Cases
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ...133 © 2023 Emond Montgomery Publications. All Rights Reserved. 250 Table of Cases KDS, R v, 2021 SKCA 84 ............................................. . 85-86, 108 Ke, R v, 2021 ONCA 179 ..................................................... 80 Kelly v Ontario, 2014 ONSC 3824 .....................
  • HM the King v Amardeep Singh,
    • Canada
    • Provincial Court of Saskatchewan (Canada)
    • January 30, 2025
    ...the officer had not failed to take reasonable steps to preserve the tape given the limited relevance of the interview. 61 In R v K.D.S., 2021 SKCA 84, 405 CCC (3d) 416, the Crown inadvertently did not ask for videos at the police station until they had been overwritten. The accused had been......
  • R v Beboning,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 17, 2025
    ...relevant to the issues in that case. The failure to preserve this footage in that case led to a stay of proceedings: R. v. K.D.S., 2021 SKCA 84. 84 I also agree that the police in this case should have turned their mind to the fact that a statement had been taken from Beboning, and that all......
2 cases
  • HM the King v Amardeep Singh,
    • Canada
    • Provincial Court of Saskatchewan (Canada)
    • January 30, 2025
    ...the officer had not failed to take reasonable steps to preserve the tape given the limited relevance of the interview. 61 In R v K.D.S., 2021 SKCA 84, 405 CCC (3d) 416, the Crown inadvertently did not ask for videos at the police station until they had been overwritten. The accused had been......
  • R v Beboning,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 17, 2025
    ...relevant to the issues in that case. The failure to preserve this footage in that case led to a stay of proceedings: R. v. K.D.S., 2021 SKCA 84. 84 I also agree that the police in this case should have turned their mind to the fact that a statement had been taken from Beboning, and that all......
2 books & journal articles
  • Table of Cases
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ...133 © 2023 Emond Montgomery Publications. All Rights Reserved. 250 Table of Cases KDS, R v, 2021 SKCA 84 ............................................. . 85-86, 108 Ke, R v, 2021 ONCA 179 ..................................................... 80 Kelly v Ontario, 2014 ONSC 3824 .....................
  • Stays of Proceedings
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ...40 at para 30, citing R v La , supra note 38 at para 20. 42 Ibid at para 32. 43 R v Janeiro , supra note 40 at paras 120-24. 44 R v KDS , 2021 SKCA 84. See also R v Forster , 2005 SKCA 107, where the same Court upheld a stay granted in response to an oicer’s deliberate destruction of his no......