R. v. Mueller, 2018 ONSC 2734

JudgeSCHRECK J.
CourtSuperior Court of Justice of Ontario (Canada)
Case DateApril 27, 2018
JurisdictionOntario
Citations2018 ONSC 2734
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6 practice notes
  • R. v. Hayatibahar,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 24, 2022
    ...Mr. Hayatibahar should have been advised that it was a criminal investigation relating to a fatal driving offence, see R. v. Mueller, 2018 ONSC 2734. I find that by engaging Mr. Hayatibahar in questioning during this time period, the police violated his rights. That said, I am not prepared ......
  • R. v. Mitchell, 2019 ONSC 2613
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 26, 2019
    ...“wholly reliant on the police to provide him with the information he requires to be able to make informed choices.”: R. v. Mueller, 2018 ONSC 2734, at para. 29. Given this, the obligation on police to inform a motorist of the reason for their detention is especially important during traffic......
  • R. v. Gardner,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 25, 2021
    ...[37] Both at trial and in this court, the Respondent relied heavily on the analysis of s. 10(a) rights provided in R. v. Mueller, 2018 ONSC 2734, 30 M.V.R. (7th) 129, to support a finding that there was a breach of the Respondent’s s. 10(a) rights. At para. 33 of Mueller, Schreck J. stated ......
  • R. v. B.J.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 26, 2020
    ...subjective understanding of the information conveyed”: R. v. Weiland, 2019 ONSC 3194 at para. 41, citing R. v. Mueller, 2018 ONSC 2734 at [85]        There are typically two contexts when issues arise as to whether the accused knows the extent ......
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6 cases
  • R. v. Hayatibahar,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 24, 2022
    ...Mr. Hayatibahar should have been advised that it was a criminal investigation relating to a fatal driving offence, see R. v. Mueller, 2018 ONSC 2734. I find that by engaging Mr. Hayatibahar in questioning during this time period, the police violated his rights. That said, I am not prepared ......
  • R. v. Mitchell, 2019 ONSC 2613
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 26, 2019
    ...“wholly reliant on the police to provide him with the information he requires to be able to make informed choices.”: R. v. Mueller, 2018 ONSC 2734, at para. 29. Given this, the obligation on police to inform a motorist of the reason for their detention is especially important during traffic......
  • R. v. Gardner,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 25, 2021
    ...[37] Both at trial and in this court, the Respondent relied heavily on the analysis of s. 10(a) rights provided in R. v. Mueller, 2018 ONSC 2734, 30 M.V.R. (7th) 129, to support a finding that there was a breach of the Respondent’s s. 10(a) rights. At para. 33 of Mueller, Schreck J. stated ......
  • R. v. B.J.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 26, 2020
    ...subjective understanding of the information conveyed”: R. v. Weiland, 2019 ONSC 3194 at para. 41, citing R. v. Mueller, 2018 ONSC 2734 at [85]        There are typically two contexts when issues arise as to whether the accused knows the extent ......
  • Request a trial to view additional results

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