R v Profeit

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeThe Honourable Justice Jack Watson,The Honourable Justice Ritu Khullar,The Honourable Justice Kevin Feehan
Neutral Citation2021 ABCA 379
Citation2021 ABCA 379
Docket Number2003-0088A
Date23 November 2021

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17 practice notes
  • R v Peets
    • Canada
    • Court of Appeal (Alberta)
    • February 13, 2024
    ...appellant’s vehicle without any security. As pointed out in R v Rakka, 2024 ABCA 1 at para 32, [2024] AJ No 11 (QL), citing R v Profeit, 2021 ABCA 379 at para 73, 407 CCC (3d) 494, the "role of the trier of fact in a circumstantial evidence case is entitled to be respected in the same way a......
  • R v. Roebuck
    • Canada
    • Court of Appeal (Alberta)
    • May 1, 2024
    ...the standard of proof in a criminal case: Villaroman, para 55; R v Bjornson, 2018 ABCA 282, para 17, 365 CCC (3d) 175; R v Profeit, 2021 ABCA 379, paras 72-74, 407 CCC (3d) 494; R v Anny, 2021 ABCA 394, para 27; R v Dipnarine, 2014 ABCA 328, para 22, 316 CCC (3d) 357. [23] Such a verdict in......
  • R v Flagler
    • Canada
    • Court of Appeal (Alberta)
    • December 5, 2022
    ...case: R v Demedeiros, 2018 ABCA 241 at para 5, aff’d 2019 SCC 11, [2019] 1 SCR 568 and many other recent decisions noted in R v Profeit, 2021 ABCA 379 at paras 67-71, 407 CCC (3d) 494. In this case, the trial judge’s findings are supported on the record and the appellant has not shown the v......
  • R v BEM
    • Canada
    • Court of Appeal (Alberta)
    • July 4, 2022
    ...Awer, 2016 ABCA 128 at para 35; 405 DLR (4th) 463, reversed on a different point, 2017 SCC 2, [2017] 1 SCR 83. See also R v Profeit, 2021 ABCA 379 at paras 128-129, 407 CCC (3d) 494. It should be recalled that the compendious description of facts concept mentioned in R v Graat, [1982] ......
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9 cases
  • R v Tallcree
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 14, 2023
    ...don’t even know her.” [327]       The Court of Appeal’s decision in R v Profeit, 2021 ABCA 379 quotes from the trial decision at para 56, where Justice Pentelechuk, as she then was, stated that “As defence counsel points out, Profeit......
  • R v Bakko
    • Canada
    • Court of Appeal (Alberta)
    • January 5, 2024
    ...merely because the appeal court concludes that the evidence, including its gaps, gives rise to competing inferences: R v Profeit, 2021 ABCA 379, para 74, 407 CCC (3d) 494. Analysis    (a)            Causation [20]  &......
  • R v. Candaele
    • Canada
    • Court of Appeal (Alberta)
    • April 9, 2024
    ...merely because the appeal court concludes that the evidence, including its gaps, gives rise to competing inferences: R v Profeit, 2021 ABCA 379, para 74, 407 CCC (3d) 494. [46] In this case, the question the trial judge was required to answer was whether the evidence, including its gaps, ga......
  • R v. Tolchinsky
    • Canada
    • Court of Appeal (Alberta)
    • January 21, 2025
    ...available on the totality of the evidence: R v WH, 2013 SCC 22 at paras 2, 26; R v Villaroman, 2016 SCC 33 at paras 55, 71; R v Profeit, 2021 ABCA 379 at paras 72-74; Rakka at para 17; RP at paras 9-10. A judge’s assessment of “the only available inferences”  ̶  excluding alternat......
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