R v Shivak, 2020 ABQB 499

JudgeHonourable Mr. Justice W.N. Renke
Citation2020 ABQB 499
Docket Number180262149Q1
CourtCourt of Queen's Bench of Alberta (Canada)
Date31 August 2020
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3 practice notes
  • R. v. Saunders,
    • Canada
    • Provincial Court of Alberta (Canada)
    • March 5, 2021
    ...[122]     A very useful summary of the law is found in Justice Renke’s decision in R. v. Shivak, 2020 ABQB 499: [40] Section 8 of the Charter provides that “Everyone has the right to be secure against unreasonable search or seizure.” A search is reas......
  • R v M.G.,
    • Canada
    • Provincial Court of Alberta (Canada)
    • November 1, 2021
    ...2013 BCCA 527 at para 25 [187] R v Arujo, 2000 SCC 65 at para 54 [188] R v Paryniuk, 2017 ONCA 87, at para’s 68-70, R v Shivak, 2020 ABQB 499 at para’s [189] See for example, R v Vivar, 2009 ONCA 433 at para 2, R v Phan, 2020 ONCA 298 at para’s 55-57, R v McElroy 2009 S......
  • R v Shivak,
    • Canada
    • Court of Appeal (Alberta)
    • May 18, 2022
    ...cellphone, after finding that his s 8 Charter rights had been breached when the phone was briefly searched upon his arrest: R v Shivak, 2020 ABQB 499 (the “Decision”). At the voir dire, Mr Shivak conceded that his arrest was lawful. The Crown conceded that the search by the ar......
3 cases
  • R. v. Saunders,
    • Canada
    • Provincial Court of Alberta (Canada)
    • March 5, 2021
    ...[122]     A very useful summary of the law is found in Justice Renke’s decision in R. v. Shivak, 2020 ABQB 499: [40] Section 8 of the Charter provides that “Everyone has the right to be secure against unreasonable search or seizure.” A search is reas......
  • R v M.G.,
    • Canada
    • Provincial Court of Alberta (Canada)
    • November 1, 2021
    ...2013 BCCA 527 at para 25 [187] R v Arujo, 2000 SCC 65 at para 54 [188] R v Paryniuk, 2017 ONCA 87, at para’s 68-70, R v Shivak, 2020 ABQB 499 at para’s [189] See for example, R v Vivar, 2009 ONCA 433 at para 2, R v Phan, 2020 ONCA 298 at para’s 55-57, R v McElroy 2009 S......
  • R v Shivak,
    • Canada
    • Court of Appeal (Alberta)
    • May 18, 2022
    ...cellphone, after finding that his s 8 Charter rights had been breached when the phone was briefly searched upon his arrest: R v Shivak, 2020 ABQB 499 (the “Decision”). At the voir dire, Mr Shivak conceded that his arrest was lawful. The Crown conceded that the search by the ar......

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