R. v. McCoy (D.F.), 2016 ABQB 240

JudgeDario, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Subject MatterCIVIL RIGHTS,PRACTICE,EVIDENCE,COURTS,CRIMINAL LAW
Citation2016 ABQB 240
Date10 May 2016
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12 practice notes
  • R. v. Saunders,
    • Canada
    • Provincial Court of Alberta (Canada)
    • March 5, 2021
    ...not been disclosed. [74]        Further, I am guided by the decision of Justice Dario in R. v. McCoy, 2016 ABQB 240 (quoted with approval in R. v. Paulishyn, 2017 ABQB 61).  In R. v. McCoy, supra, Justice Dario said, at paragraphs 70 and [70] I find t......
  • R. v. Fauolo (R.R.), 2016 ABPC 192
    • Canada
    • Provincial Court of Alberta (Canada)
    • September 6, 2016
    ...to provide such disclosure and relies on the following authorities: R v Pilko 2000 O.J. No. 3605; R v Juneau 2015 ABPC 179 and R v McCoy 2016 ABQB 240. [112] The agent for the accused submits that there is a duty on the Crown to provide such disclosure and relies on the following authoritie......
  • R v Peterson,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • May 24, 2022
    ...but disclosure lost through non-negligent destruction and third-party lost evidence, e.g., paras 13, 22, 45, 80, 85); R v McCoy, 2016 ABQB 240, Dario J (non-recording, as opposed to lost recording, at paras 72-74); R v Souvie, 2016 ABQB 89, Pentelechuk J, as she then was, at paras 56, 59; R......
  • R v Qasim,
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 26, 2021
    ...testimony was reliable. Crown agreed it has a duty to preserve evidence, but no duty to create evidence, relying on: R v McCoy, 2016 ABQB 240 at para 47. In McCoy, the officer forgot to activate the in-car video. The Court reasoned if not recording a confession was insufficient to support a......
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12 cases
  • R. v. Saunders,
    • Canada
    • Provincial Court of Alberta (Canada)
    • March 5, 2021
    ...not been disclosed. [74]        Further, I am guided by the decision of Justice Dario in R. v. McCoy, 2016 ABQB 240 (quoted with approval in R. v. Paulishyn, 2017 ABQB 61).  In R. v. McCoy, supra, Justice Dario said, at paragraphs 70 and [70] I find t......
  • R. v. Fauolo (R.R.), 2016 ABPC 192
    • Canada
    • Provincial Court of Alberta (Canada)
    • September 6, 2016
    ...to provide such disclosure and relies on the following authorities: R v Pilko 2000 O.J. No. 3605; R v Juneau 2015 ABPC 179 and R v McCoy 2016 ABQB 240. [112] The agent for the accused submits that there is a duty on the Crown to provide such disclosure and relies on the following authoritie......
  • R v Peterson,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • May 24, 2022
    ...but disclosure lost through non-negligent destruction and third-party lost evidence, e.g., paras 13, 22, 45, 80, 85); R v McCoy, 2016 ABQB 240, Dario J (non-recording, as opposed to lost recording, at paras 72-74); R v Souvie, 2016 ABQB 89, Pentelechuk J, as she then was, at paras 56, 59; R......
  • R v Qasim,
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 26, 2021
    ...testimony was reliable. Crown agreed it has a duty to preserve evidence, but no duty to create evidence, relying on: R v McCoy, 2016 ABQB 240 at para 47. In McCoy, the officer forgot to activate the in-car video. The Court reasoned if not recording a confession was insufficient to support a......
  • Request a trial to view additional results

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