R v McKnight

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeGreckol,Schutz,Watson
Citation2022 ABCA 251
Date18 July 2022
Docket Number2003-0156A

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15 practice notes
  • Evidence of Other Sexual Activity: Section 276
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    ...Court in R v SA , 2015 ONSC 6942. 41 R v JJ , supra note 7 at paras 65-67. 42 R v CT , 2023 ONC J 124 at paras 55-56. 43 R v McKnight , 2022 ABCA 251 at para 258, leave to appeal to SCC dismissed 2023 CanLII 562 (SCC); R v MacMillan , 2019 ONSC 6018. The question must be determined by the t......
  • Sexual Offence Appeals
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    ...an appeal court is unable to determine whether a decision is tainted by 65 See e.g. R v Choudhary , 2023 ONCA 467 and R v McKnight , 2022 ABCA 251 (re whether the evidence in question formed part of the subject matter of the ofence); R v SM , 2023 ONCA 417 (re whether s 276 applies to human......
  • Table of Cases
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    .... 467 McKnight , R v , 2019 ABQB 755 ................................................ . 586 McKnight , R v , 2022 ABCA 251, leave to appeal refused, [2022] SCCA No 341 (QL) ............................................ . 366, 609 McKnight , R v , 2022 ABCA 251, leave to appeal to SCC dismiss......
  • Cross-Examination on Private Records: Section 278.92
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    ...at para 67. 47 R v Ewanchuk , [1999] 1 SCR 330 at paras 25-26, 1999 CanLII 711. 48 See R v Choudhary , 2023 ONCA 467 ; R v McKnight , 2022 ABCA 251, leave to appeal refused, [2022] SCCA No 341 (QL); R v XC , 2020 ONSC 410 ; R v Fryday , 2021 ONSC 3201 ; R v Lennox , 2019 ONSC 3844; R v Mant......
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10 cases
  • R v Sheppard
    • Canada
    • Court of Appeal (Alberta)
    • January 12, 2023
    ...fell short. [56] Improper cross-examination by Crown counsel can take various broad forms, two of which were described in R v McKnight, 2022 ABCA 251 at para 121, 416 CCC (3d) 248 (under motion on SCC No 40375) referencing in R v Ahmed, 2015 ONCA 751 at paras 41-42 as The first category inv......
  • R v Haque
    • Canada
    • Court of Appeal (Saskatchewan)
    • October 31, 2022
    ...R v Cavan (1999), 139 CCC (3d) 449 (Ont CA), R v Murray, 2020 BCCA 42, R v Fraser, 2021 BCCA 432, 407 CCC (3d) 307, and R v McKnight, 2022 ABCA 251, [2022] 10 WWR 407, are but four other examples where cross‑examination and consideration of the accused’s access to disclosure was found to be......
  • R v EF
    • Canada
    • Court of Appeal (Alberta)
    • November 10, 2022
    ...The test is whether the closing address “was unfair in such a way that it might have affected the decision of the jury”: R v McKnight, 2022 ABCA 251, para 189. In the context of the trial as a whole, the substance and manner of the Crown’s closing address would not have created the risk of ......
  • R v McKnight
    • Canada
    • Court of Appeal (Alberta)
    • March 1, 2023
    ...The jury convicted the respondent for assaults on five of the complainants, and his appeal from conviction was dismissed: R. v McKnight, 2022 ABCA 251, leave to appeal denied SCC #40375, Jan. 12, 2023. The trial judge gave oral reasons for sentencing, imposing a sentence totaling eight year......
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4 books & journal articles
  • Evidence of Other Sexual Activity: Section 276
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    ...Court in R v SA , 2015 ONSC 6942. 41 R v JJ , supra note 7 at paras 65-67. 42 R v CT , 2023 ONC J 124 at paras 55-56. 43 R v McKnight , 2022 ABCA 251 at para 258, leave to appeal to SCC dismissed 2023 CanLII 562 (SCC); R v MacMillan , 2019 ONSC 6018. The question must be determined by the t......
  • Sexual Offence Appeals
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    ...an appeal court is unable to determine whether a decision is tainted by 65 See e.g. R v Choudhary , 2023 ONCA 467 and R v McKnight , 2022 ABCA 251 (re whether the evidence in question formed part of the subject matter of the ofence); R v SM , 2023 ONCA 417 (re whether s 276 applies to human......
  • Table of Cases
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    .... 467 McKnight , R v , 2019 ABQB 755 ................................................ . 586 McKnight , R v , 2022 ABCA 251, leave to appeal refused, [2022] SCCA No 341 (QL) ............................................ . 366, 609 McKnight , R v , 2022 ABCA 251, leave to appeal to SCC dismiss......
  • Cross-Examination on Private Records: Section 278.92
    • Canada
    • Criminal Law Series Prosecuting and Defending Sexual Offence Cases. Third edition
    • June 7, 2024
    ...at para 67. 47 R v Ewanchuk , [1999] 1 SCR 330 at paras 25-26, 1999 CanLII 711. 48 See R v Choudhary , 2023 ONCA 467 ; R v McKnight , 2022 ABCA 251, leave to appeal refused, [2022] SCCA No 341 (QL); R v XC , 2020 ONSC 410 ; R v Fryday , 2021 ONSC 3201 ; R v Lennox , 2019 ONSC 3844; R v Mant......