R v Love
| Jurisdiction | Alberta |
| Court | Court of Appeal (Alberta) |
| Judge | Antonio,Hughes,Rowbotham |
| Citation | 2022 ABCA 269 |
| Date | 15 August 2022 |
| Docket Number | 2101-0064A |
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26 practice notes
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R. v. Zacharias
...the admission of the evidence. The evidence should therefore be excluded. Cases Cited By Rowe and O’Bonsawin JJ. Overruled: R. v. Love, 2022 ABCA 269, [2023] 1 W.W.R. 296; R. v. Jennings, 2018 ONCA 260, 45 C.R. (7th) 224; applied: R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353; considered: R......
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Reasonable Grounds to Suspect and Reasonable Grounds to Believe
...the debate in R v Zacharias .353 It is somewhat unfortunate that the Court decided to settle this thorny issue while only sitting 346 2022 ABCA 269 at paras 89-100, leave to appeal to SCC refused, 2023 CanLII 31586 (SCC) . See also R v Flintroy , 2019 BCSC 35 at paras 11-20; R v Shomonov , ......
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Table of Cases
...BCCA 418, leave to appeal to SCC refused, 2018 CanLII 33054 (SCC) ....................................... 14, 180, 271-72 Love , R v , 2022 ABCA 269, leave to appeal to SCC refused, 2023 CanLII 31586 (SCC) .................................................. 297 Lowe , R v , [2007] NJ No 456 ......
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Table of Cases
...87 R v Lloyd, 2016 SCC 13 ...............................................................................................437 R v Love, 2022 ABCA 269 .......................................................................................... 534 R v MalmoLevine; R v Caine, 2003 SCC 74 .............
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10 cases
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R. v. Zacharias
...                    Overruled: R. v. Love, 2022 ABCA 269, [2023] 1 W.W.R. 296; R. v. Jennings, 2018 ONCA 260, 45 C.R. (7th) 224; applied: R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353; considered:......
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R v Willier
...in violation of s. 8 of the Charter, that information must be “automatically excised” from ITO RN01: Spencer at para. 74; R v Love, 2022 ABCA 269 at paras. 65 and 96 I therefore find that paragraphs 27, 28, 30(e), and 30(f)(ii), as well as the “Investigator's Comments” accompanying those pa......
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R v Chung
...There is no consideration of exclusion under s 24(2). “[U]nconstitutionally obtained information must be excised from an ITO:” R v Love, 2022 ABCA 269, app for leave to appeal dismissed 2023 CanLII 31586, at para 5. Subfacial Challenges 211 Search warrants are granted ex parte, on the basis......
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R v Nguyen
...at paras 41–44. 159 If information is obtained unconstitutionally, the information is automatically excised from an ITO: R v Love, 2022 ABCA 269 at paras 47–65; R v Spencer, 2014 SCC 43 at para 74. However, the validity of each warrant must be assessed individually and a mistake at the begi......
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1 firm's commentaries
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Canadian Case Law Trending To Compel Production Of Data By Foreign Corporations To Canadian Law Enforcement
...v Love, 2022 ABCA 269 ("Love"), the Alberta Court of Appeal recently upheld a production order requiring a foreign entity to produce data located outside of Canada to Canadian law enforcement. Love confirms that Canadian courts will likely continue to require foreign entities to comply with......
4 books & journal articles
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Table of Cases
...87 R v Lloyd, 2016 SCC 13 ...............................................................................................437 R v Love, 2022 ABCA 269 .......................................................................................... 534 R v MalmoLevine; R v Caine, 2003 SCC 74 .............
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Reasonable Grounds to Suspect and Reasonable Grounds to Believe
...the debate in R v Zacharias .353 It is somewhat unfortunate that the Court decided to settle this thorny issue while only sitting 346 2022 ABCA 269 at paras 89-100, leave to appeal to SCC refused, 2023 CanLII 31586 (SCC) . See also R v Flintroy , 2019 BCSC 35 at paras 11-20; R v Shomonov , ......
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Table of Cases
...BCCA 418, leave to appeal to SCC refused, 2018 CanLII 33054 (SCC) ....................................... 14, 180, 271-72 Love , R v , 2022 ABCA 269, leave to appeal to SCC refused, 2023 CanLII 31586 (SCC) .................................................. 297 Lowe , R v , [2007] NJ No 456 ......
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Canadian Orders Can Compel Production of Data Controlled by US Companies
...that enforceability to make an order is a distinct issue from the jurisdiction to make it. Greco , above note 18. And see R v Love , 2022 ABCA 269 applied in Re textPlus Inc , [2022] OJ No 4959 (SC) and Re Service de Police de la Ville Montreal , 2022 QCCS 3935 (SC). 43 For example, in Re A......
