R v Moyles, 2019 SKCA 72

JurisdictionSaskatchewan
JudgeJackson,Ryan-Froslie,Barrington-Foote
Citation2019 SKCA 72
Date30 July 2019
CourtCourt of Appeal (Saskatchewan)
Docket NumberCACR2942
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36 practice notes
  • Exclusion of Evidence
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ...57. 30 Two separate s 10(b) breaches were found, as police failed in both their informational and implementational duties. 31 R v Moyles , 2019 SKCA 72 at paras 95-98; R v Lichtenwald , 2020 SKCA 70 at paras 56-58. 32 R v Reilly , 2020 BCCA 369 at para 75. 33 The Charter violation preceded ......
  • Table of Cases
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ....................................... 188 Mowatt, Nelson (City) v, 2017 SCC 8 .......................................... 58 Moyles, R v, 2019 SKCA 72 ............................................... . 37, 57 Moysa v Alberta (Labour Relations Board), [1989] 1 SCR 1572, 1989 CanLII 55 ...... 16......
  • R v Chapman, 2020 SKCA 11
    • Canada
    • Court of Appeal (Saskatchewan)
    • February 4, 2020
    ...or exclusion on the repute of the administration of justice. The answer to that question turns on all the circumstances: R v Moyles, 2019 SKCA 72 at para 104, [2019] 12 WWR [129] In this case, the impact of the breaches of Mr. Chapman’s Charter rights was significant. He was deprived of his......
  • R v Lichtenwald, 2020 SKCA 70
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • June 10, 2020
    ...as “clear and determinative error”, which expresses the requirement that it must be plainly seen and must affect the result: R v Moyles, 2019 SKCA 72 at paras 58–63, [2019] 12 WWR 416 [Moyles]; Côté at para 52. [25] If the trial judge’s ultimate conclusion with respect to the exclusion of e......
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33 cases
  • R v Chapman, 2020 SKCA 11
    • Canada
    • Court of Appeal (Saskatchewan)
    • February 4, 2020
    ...or exclusion on the repute of the administration of justice. The answer to that question turns on all the circumstances: R v Moyles, 2019 SKCA 72 at para 104, [2019] 12 WWR [129] In this case, the impact of the breaches of Mr. Chapman’s Charter rights was significant. He was deprived of his......
  • R v Badu, 2022 ABCA 267
    • Canada
    • Court of Appeal (Alberta)
    • August 10, 2022
    ...reasonable grounds to believe that the things to be searched for are at the place to be searched”). But see The Queen v. Moyles, 2019 SKCA 72, ¶¶ 9-10 & 15; [2019] 12 W.W.R. 416, 424 & 425-26 (“One ... [Information to Obtain] requested a general warrant pursu......
  • R v Singer,
    • Canada
    • Court of Appeal (Saskatchewan)
    • November 15, 2023
    ...by the majority in that decision as far as Crown counsel suggests. (Emphasis in original) 31 This reasoning was applied in R v Moyles, 2019 SKCA 72, [2019] 12 WWR 416 [ Moyles]. There, a police officer posing as a delivery driver had delivered a box containing a monitoring device and a cont......
  • R v Santos, 2022 SKCA 50
    • Canada
    • Court of Appeal (Saskatchewan)
    • April 19, 2022
    ...a greater need for the court to distance itself from such conduct by excluding evidence gained in connection with the breach (R v Moyles, 2019 SKCA 72 at para 83, [2019] 12 WWR 416 [Moyles]). Minor, technical and inadvertent breaches, on the other hand, will be seen as less serious because ......
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2 books & journal articles
  • Table of Cases
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ....................................... 188 Mowatt, Nelson (City) v, 2017 SCC 8 .......................................... 58 Moyles, R v, 2019 SKCA 72 ............................................... . 37, 57 Moysa v Alberta (Labour Relations Board), [1989] 1 SCR 1572, 1989 CanLII 55 ...... 16......
  • Exclusion of Evidence
    • Canada
    • Criminal Law Series Charter Remedies in Criminal Cases, 2nd Edition
    • May 2, 2022
    ...57. 30 Two separate s 10(b) breaches were found, as police failed in both their informational and implementational duties. 31 R v Moyles , 2019 SKCA 72 at paras 95-98; R v Lichtenwald , 2020 SKCA 70 at paras 56-58. 32 R v Reilly , 2020 BCCA 369 at para 75. 33 The Charter violation preceded ......

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