R. v. Pan

JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeRichard Wagner; Andromache Karakatsanis; Suzanne Côté; Malcolm Rowe; Sheilah Martin; Nicholas Kasirer; Mahmud Jamal; Michelle O’Bonsawin; Mary Moreau
Judgment Date10 April 2025
Citation2025 SCC 12
Docket Number40839
Date10 April 2025

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
10 practice notes
  • R. v. B.F.
    • Canada
    • Supreme Court (Canada)
    • December 5, 2025
    ...then it should acquit the accused of attempted murder. Cases Cited By O’Bonsawin J. Applied: R. v. Abdullahi, 2023 SCC 19; R. v. Pan, 2025 SCC 12; considered: R. v. Cinous, 2002 SCC 29, [2002] 2 S.C.R. 3; referred to: R. v. Calnen, 2019 SCC 6, [2019] 1 S.C.R. 301; R. v. Lozada, 2024 SCC 18;......
  • R. v. Herman
    • Canada
    • Court of Appeal (Saskatchewan)
    • April 30, 2026
    ...would cause needless delay, since the latter conclusion must be taken to subsume the former. [54] As the Supreme Court held in R v Pan, 2025 SCC 12, the process of “[a]ssessing whether there is an air of reality to a positive defence … requires the court to examine the distinct factual infe......
  • R v. Picken
    • Canada
    • Court of Appeal (Saskatchewan)
    • April 22, 2025
    ...420 [Cairney]. [19] Whether there is an air of reality to a defence is a question of law, reviewable on a correctness standard: R v Pan, 2025 SCC 12 [Pan] at para 35; Cinous at para 55; R v Alas, 2022 SCC 14 at para 3, [2022] 1 SCR 283; and R v Wolff, 2019 SKCA 103 at paras 112–116, 380 CCC......
  • Jewish National Fund of Canada Inc. v. Canada (National Revenue)
    • Canada
    • Court of Appeal (Canada)
    • March 26, 2026
    ...be an air of reality to a criminal defence before it is left to a jury: see, e.g., R. v. Cinous, 2002 SCC 29, [2002] S.C.R. 3; R. v. Pan, 2025 SCC 12. [29] And in administrative law, there must be an air of reality to an allegation of maladministration before a party can go behind the admin......
  • Get Started for Free
9 cases
  • R. v. B.F.
    • Canada
    • Supreme Court (Canada)
    • December 5, 2025
    ...then it should acquit the accused of attempted murder. Cases Cited By O’Bonsawin J. Applied: R. v. Abdullahi, 2023 SCC 19; R. v. Pan, 2025 SCC 12; considered: R. v. Cinous, 2002 SCC 29, [2002] 2 S.C.R. 3; referred to: R. v. Calnen, 2019 SCC 6, [2019] 1 S.C.R. 301; R. v. Lozada, 2024 SCC 18;......
  • R. v. Herman
    • Canada
    • Court of Appeal (Saskatchewan)
    • April 30, 2026
    ...would cause needless delay, since the latter conclusion must be taken to subsume the former. [54] As the Supreme Court held in R v Pan, 2025 SCC 12, the process of “[a]ssessing whether there is an air of reality to a positive defence … requires the court to examine the distinct factual infe......
  • R v. Picken
    • Canada
    • Court of Appeal (Saskatchewan)
    • April 22, 2025
    ...420 [Cairney]. [19] Whether there is an air of reality to a defence is a question of law, reviewable on a correctness standard: R v Pan, 2025 SCC 12 [Pan] at para 35; Cinous at para 55; R v Alas, 2022 SCC 14 at para 3, [2022] 1 SCR 283; and R v Wolff, 2019 SKCA 103 at paras 112–116, 380 CCC......
  • Jewish National Fund of Canada Inc. v. Canada (National Revenue)
    • Canada
    • Court of Appeal (Canada)
    • March 26, 2026
    ...be an air of reality to a criminal defence before it is left to a jury: see, e.g., R. v. Cinous, 2002 SCC 29, [2002] S.C.R. 3; R. v. Pan, 2025 SCC 12. [29] And in administrative law, there must be an air of reality to an allegation of maladministration before a party can go behind the admin......
  • Get Started for Free