R. v. S.H., 2020 SCC 3

JudgeAbella, Rosalie Silberman; Moldaver, Michael J.; Côté, Suzanne; Brown, Russell; Martin, Sheilah
CourtSupreme Court (Canada)
Case DateFebruary 19, 2020
JurisdictionCanada (Federal)
Citations2020 SCC 3
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5 practice notes
  • R v Settle,
    • Canada
    • Court of Appeal (Alberta)
    • June 14, 2021
    ...one considers the trial judge’s reasons as a whole. In the result, no miscarriage of justice occurred.” · The divided decision in R v H(S), 2020 SCC 3, 442 DLR (4th) 181, turned on what was described as an error of law in allowing the Crown to split its case by allowing a re-opening of the ......
  • R. v. Martin,
    • Canada
    • Court of Appeal (Newfoundland)
    • January 4, 2021
    ...The presumption in section 31.3(a) was considered by the Ontario Court of Appeal in R. v. S.H., 2019 ONCA 669, aff’d 2020 SCC 3.  In S.H., data extracted from a cell phone, including text messages, was in the possession of the Crown but the witness who used the cell phone was no......
  • R. v. Coban,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 14, 2021
    ...“air of reality” standard: Paciocco, “Proof and Progress” at 204. In R. v. S.H., 2019 ONCA 669, aff’d: 2020 SCC 3 [S.H.], a majority of the Ontario Court of Appeal confirmed that the s. 31.3(a) presumption creates a lower threshold than the other subs......
  • Richardson v. R., 2020 NBCA 35
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • May 28, 2020
    ...include: R. v. Durocher, 2019 SKCA 97, [2019] S.J. No. 367 (QL); R. v. S.H., 2019 ONCA 669, [2019] O.J. No. 4438 (QL), aff’d 2020 SCC 3, [2020] S.C.J. No. 3 (QL); R. v. C.B., 2019 ONCA 380, [2019] O.J. No. 2425 (QL); and Ball. In Durocher, the trial judge was not alive to the specifi......
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4 cases
  • R v Settle,
    • Canada
    • Court of Appeal (Alberta)
    • June 14, 2021
    ...one considers the trial judge’s reasons as a whole. In the result, no miscarriage of justice occurred.” · The divided decision in R v H(S), 2020 SCC 3, 442 DLR (4th) 181, turned on what was described as an error of law in allowing the Crown to split its case by allowing a re-opening of the ......
  • R. v. Martin,
    • Canada
    • Court of Appeal (Newfoundland)
    • January 4, 2021
    ...The presumption in section 31.3(a) was considered by the Ontario Court of Appeal in R. v. S.H., 2019 ONCA 669, aff’d 2020 SCC 3.  In S.H., data extracted from a cell phone, including text messages, was in the possession of the Crown but the witness who used the cell phone was no......
  • R. v. Coban,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 14, 2021
    ...“air of reality” standard: Paciocco, “Proof and Progress” at 204. In R. v. S.H., 2019 ONCA 669, aff’d: 2020 SCC 3 [S.H.], a majority of the Ontario Court of Appeal confirmed that the s. 31.3(a) presumption creates a lower threshold than the other subs......
  • Richardson v. R., 2020 NBCA 35
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • May 28, 2020
    ...include: R. v. Durocher, 2019 SKCA 97, [2019] S.J. No. 367 (QL); R. v. S.H., 2019 ONCA 669, [2019] O.J. No. 4438 (QL), aff’d 2020 SCC 3, [2020] S.C.J. No. 3 (QL); R. v. C.B., 2019 ONCA 380, [2019] O.J. No. 2425 (QL); and Ball. In Durocher, the trial judge was not alive to the specifi......
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