R. v. Menezes, 2019 ONSC 4497

JudgeSCHRECK J.
CourtSuperior Court of Justice of Ontario (Canada)
Case DateJuly 26, 2019
JurisdictionOntario
Citations2019 ONSC 4497
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3 practice notes
  • R. v. Uthaya-Shangar,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • September 17, 2019
    ...to justify the suspension of the s.10(b) right by proving whether there was reasonable opportunity to consult counsel. See R. v. Menezes, 2019 ONSC 4497 at paras. 23-26, per Schreck J. sitting as a Summary Conviction Appeal Court. [10] There are some factual differences between the parties ......
  • R. v. Kubacsek,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 21, 2021
    ...is not met”: Quansah, supra at para. 49. While I agree with my colleague Schreck J.’s conclusion in R. v. Menezes, 2019 ONSC 4497 at paras. 23-36 that the Crown bears the burden of persuasion on this issue, I think that the evidence in this case is sufficiently clear that the ......
  • R. v. Mohammed,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • May 19, 2022
    ...was no opportunity to consult counsel when assessing whether the ASD test was “forthwith” under s.254(2): R. v. Menezes, 2019 ONSC 4497 at paras. 23-26.  An alternative view was expressed in Yamka, supra which was decided in 2011. In that case, the court held the onus res......
3 cases
  • R. v. Uthaya-Shangar,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • September 17, 2019
    ...to justify the suspension of the s.10(b) right by proving whether there was reasonable opportunity to consult counsel. See R. v. Menezes, 2019 ONSC 4497 at paras. 23-26, per Schreck J. sitting as a Summary Conviction Appeal Court. [10] There are some factual differences between the parties ......
  • R. v. Kubacsek,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 21, 2021
    ...is not met”: Quansah, supra at para. 49. While I agree with my colleague Schreck J.’s conclusion in R. v. Menezes, 2019 ONSC 4497 at paras. 23-36 that the Crown bears the burden of persuasion on this issue, I think that the evidence in this case is sufficiently clear that the ......
  • R. v. Mohammed,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • May 19, 2022
    ...was no opportunity to consult counsel when assessing whether the ASD test was “forthwith” under s.254(2): R. v. Menezes, 2019 ONSC 4497 at paras. 23-26.  An alternative view was expressed in Yamka, supra which was decided in 2011. In that case, the court held the onus res......

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