R. v. Phan, 2020 ONCA 298

JurisdictionOntario
JudgeStrathy C.J.O., Miller and Trotter JJ.A.
Citation2020 ONCA 298
Docket NumberC63419
CourtCourt of Appeal (Ontario)
Date13 May 2020
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21 practice notes
  • Court Of Appeal Summaries (May 11 ' 15, 2020)
    • Canada
    • Mondaq Canada
    • May 22, 2020
    ...(3d) 545 (Ont. C.A.), R. v. Poitras (2002), 57 O.R. (3d) 538 (C.A.), R. v. Azzam, 2008 ONCA 467, R. v. Khan, 2007 ONCA 779 R. v. P., 2020 ONCA 298 Keywords: Criminal Law, First Degree Murder, Trafficking, Criminal Code, ss. 185, 186, 492.1(1), R. v. Garofoli, [1990] 2 S.C.R. 1421, R. v. Lis......
  • R v Shivak, 2020 ABQB 499
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 31, 2020
    ...ONCA 87 at para 43. [112] If excision or amplification is the result in the voir dire, as the Ontario Court of Appeal wrote in R v Phan, 2020 ONCA 298 at para 53, [53] … the reviewing court should determine whether, based on the corrected ITO, there is a basis upon which the authorizing jus......
  • R. v. Downes, 2022 ONSC 4308
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 27, 2022
    ...grounds to believe that an offence has been committed and that evidence of the offence would be found at the specified place: R. v. Phan, 2020 ONCA 298, 387 C.C.C. (3d) 383, at para. 53. The affidavit is tested on what the affiant knew or ought to have known at the time it was sworn, not th......
  • R v Chung,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • February 20, 2024
    ...or Amplified Record 216 If excision or amplification is the result in the voir dire, as the Ontario Court of Appeal wrote in R v Phan, 2020 ONCA 298 at para 53, [53] … the reviewing court should determine whether, based on the corrected ITO, there is a basis upon which the authorizing justi......
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18 cases
  • R v Shivak, 2020 ABQB 499
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 31, 2020
    ...ONCA 87 at para 43. [112] If excision or amplification is the result in the voir dire, as the Ontario Court of Appeal wrote in R v Phan, 2020 ONCA 298 at para 53, [53] … the reviewing court should determine whether, based on the corrected ITO, there is a basis upon which the authorizing jus......
  • R. v. Aragon,
    • Canada
    • Court of Appeal (Ontario)
    • March 24, 2022
    ...71-72; R. v. Tsigirlash, 2019 ONCA 650, at paras. 23, 25; R. v. Cook, 2020 ONCA 731, 394 C.C.C. (3d) 467, at paras. 40-41; R. v. Phan, 2020 ONCA 298, 387 C.C.C. (3d) 383, at para. [32]       Therefore, “[t]he onus is on the prosecution to satisfy the tri......
  • R. v. Downes,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 27, 2022
    ...grounds to believe that an offence has been committed and that evidence of the offence would be found at the specified place: R. v. Phan, 2020 ONCA 298, 387 C.C.C. (3d) 383, at para. 53. The affidavit is tested on what the affiant knew or ought to have known at the time it was sworn, not th......
  • R. v. Oppong,
    • Canada
    • Court of Appeal (Ontario)
    • May 25, 2021
    ...apply the Mohan criteria to determine the admissibility and scope of expert evidence concerning gangs. As this court noted in R. v. Phan, 2020 ONCA 298, 387 C.C.C. (3d) 383, at para. 91, the case law is replete with the admission of gang evidence for the purpose of providing context or narr......
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1 firm's commentaries
  • Court Of Appeal Summaries (May 11 ' 15, 2020)
    • Canada
    • Mondaq Canada
    • May 22, 2020
    ...(3d) 545 (Ont. C.A.), R. v. Poitras (2002), 57 O.R. (3d) 538 (C.A.), R. v. Azzam, 2008 ONCA 467, R. v. Khan, 2007 ONCA 779 R. v. P., 2020 ONCA 298 Keywords: Criminal Law, First Degree Murder, Trafficking, Criminal Code, ss. 185, 186, 492.1(1), R. v. Garofoli, [1990] 2 S.C.R. 1421, R. v. Lis......

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