R. v. Omar, 2018 ONCA 975

JurisdictionOntario
JudgeSharpe,Brown,Paciocco
Citation2018 ONCA 975
Docket NumberC64063
CourtCourt of Appeal (Ontario)
Date04 December 2018
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47 practice notes
  • R. v. White,
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • October 19, 2022
    ...2010 ONCA 748; R. v. Adler, 2020 ONCA 246; R. v. Buhay, 2003 SCC 30; R. v. Paterson, 2017 SCC 15; R. v. James, 2019 ONCA 288; R. v. Omar, 2018 ONCA 975, aff’d 2019 SCC 32; Charter of Rights and Freedoms. Exclusion of Evidence. Summary: Mr. White was a passenger in a Volkswagen Jetta ......
  • R. v. Hayatibahar,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 24, 2022
    ...an interaction amounts to a detention. However, any such subjective views are factors be considered in the analysis, see R. v. Omar, 2018 ONCA 975 at para. [92] Not every interaction between police and an individual results in a detention. The police are permitted to speak to people and ask......
  • R v Barton,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 28, 2020
    ...the law regarding powers upon detention, the court was satisfied the officer was acting in good faith. Brown JA in R v Omar, 2018 ONCA 975 states (at para Therein lies my primary disagreement with my colleague’s critique of the trial judge’s reasons – its focus is too n......
  • HMQ v. C. Gallagher,
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • September 21, 2020
    ...to a position where it would play no practical role in the balancing exercise; it would be neutered.   (R v. Omar 2018 ONCA 975 at para. [75]      R v. Le, supra, followed, with a different majority of again a closely split Supreme Court. But this time the mess......
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44 cases
  • R. v. White,
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • October 19, 2022
    ...2010 ONCA 748; R. v. Adler, 2020 ONCA 246; R. v. Buhay, 2003 SCC 30; R. v. Paterson, 2017 SCC 15; R. v. James, 2019 ONCA 288; R. v. Omar, 2018 ONCA 975, aff’d 2019 SCC 32; Charter of Rights and Freedoms. Exclusion of Evidence. Summary: Mr. White was a passenger in a Volkswagen Jetta ......
  • R. v. Hayatibahar,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 24, 2022
    ...an interaction amounts to a detention. However, any such subjective views are factors be considered in the analysis, see R. v. Omar, 2018 ONCA 975 at para. [92] Not every interaction between police and an individual results in a detention. The police are permitted to speak to people and ask......
  • R v Barton,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 28, 2020
    ...the law regarding powers upon detention, the court was satisfied the officer was acting in good faith. Brown JA in R v Omar, 2018 ONCA 975 states (at para Therein lies my primary disagreement with my colleague’s critique of the trial judge’s reasons – its focus is too n......
  • HMQ v. C. Gallagher,
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • September 21, 2020
    ...to a position where it would play no practical role in the balancing exercise; it would be neutered.   (R v. Omar 2018 ONCA 975 at para. [75]      R v. Le, supra, followed, with a different majority of again a closely split Supreme Court. But this time the mess......
  • Request a trial to view additional results
1 books & journal articles
  • To Stop or Not To Stop? Police Carding Practices.
    • Canada
    • LawNow No. 2019, May 2019
    • May 1, 2019
    ...R. v. Omar, 2018 ONCA 975 (CanLII), the Ontario Court of Appeal has rubber stamped the illegality of what is commonly referred to as carding, declaring that "[Everyone has] every right to be walking down the street unimpeded by the police" (at para In a stunning decision where the Crown's c......

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