R v Lumberjack, 2017 SKCA 106

JurisdictionSaskatchewan
JudgeThe Honourable Mr. Justice Ottenbreit,The Honourable Madam Justice Jackson,The Honourable Madam Justice Ryan-Froslie
Citation2017 SKCA 106
CourtCourt of Appeal (Saskatchewan)
Docket NumberCACR2720
Date07 December 2017
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3 practice notes
  • R v Nicholson, 2018 SKCA 62
    • Canada
    • Court of Appeal (Saskatchewan)
    • August 8, 2018
    ...standard of review concerning errors alleged in a jury charge requires an appellate court to take a functional approach (R v Lumberjack, 2017 SKCA 106, 357 CCC (3d) 263). It is the overall effect of the charge that matters. Jury instructions must be viewed as a whole and the jury charge in ......
  • R v Lightning, 2018 ABCA 324
    • Canada
    • Court of Appeal (Alberta)
    • October 4, 2018
    ...with innocence, others consistent with guilt.” See also R v Foerster, 2017 BCCA 105 at paras 53-60, 346 CCC (3d) 163; R v Lumberjack, 2017 SKCA 106 at para 43, 357 CCC (3d) [38] Further, while the trial judge expressly warned that the jury must be careful about inferring guilt based on evid......
  • R. v. Moar,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • January 14, 2021
    ...after-the-fact conduct is more consistent with one offence than the other. [124] In addition, the defence pointed to R. v. Lumberjack, 2017 SKCA 106, at para. 43 as authority for the proposition that after-the-fact conduct has no probative value on the issue of intent for murder, because it......
3 cases
  • R v Nicholson, 2018 SKCA 62
    • Canada
    • Court of Appeal (Saskatchewan)
    • August 8, 2018
    ...standard of review concerning errors alleged in a jury charge requires an appellate court to take a functional approach (R v Lumberjack, 2017 SKCA 106, 357 CCC (3d) 263). It is the overall effect of the charge that matters. Jury instructions must be viewed as a whole and the jury charge in ......
  • R v Lightning, 2018 ABCA 324
    • Canada
    • Court of Appeal (Alberta)
    • October 4, 2018
    ...with innocence, others consistent with guilt.” See also R v Foerster, 2017 BCCA 105 at paras 53-60, 346 CCC (3d) 163; R v Lumberjack, 2017 SKCA 106 at para 43, 357 CCC (3d) [38] Further, while the trial judge expressly warned that the jury must be careful about inferring guilt based on evid......
  • R. v. Moar,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • January 14, 2021
    ...after-the-fact conduct is more consistent with one offence than the other. [124] In addition, the defence pointed to R. v. Lumberjack, 2017 SKCA 106, at para. 43 as authority for the proposition that after-the-fact conduct has no probative value on the issue of intent for murder, because it......

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