R. v. Phan, 2020 ONCA 298
| Judge | Strathy C.J.O., Miller and Trotter JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | May 13, 2020 |
| Jurisdiction | Ontario |
| Citations | 2020 ONCA 298 |
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19 practice notes
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Court Of Appeal Summaries (May 11 ' 15, 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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R v Shivak, 2020 ABQB 499
...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......
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R. v. Aragon,
...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......
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R. v. Downes,
...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......
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18 cases
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R v Shivak, 2020 ABQB 499
...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......
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R. v. Aragon,
...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......
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R. v. Downes,
...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......
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R. v. Oppong,
...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
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Court Of Appeal Summaries (May 11 ' 15, 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......