R. v. Speers

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeLaForme,Epstein,Huscroft
Citation2017 ONCA 333
Docket NumberC53889
Date26 April 2017

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8 practice notes
  • Ontario Court Of Appeal Summaries (April 8 – 12, 2019)
    • Canada
    • Mondaq Canada
    • April 30, 2019
    ...ONCA 294, R. v. Daley, 2007 SCC 53, R. v. Jacquard, [1997] 1 S.C.R. 314, R. v. Calnen, 2019 SCC 6, R. v. Jaw, 2009 SCC 42, R. v. Speers, 2017 ONCA 333, R. v. Villaroman, 2016 SCC 333, R. v. W.(D.), [1991] 1 S.C.R. 742 The content of this article is intended to provide a general guide to the......
  • Ontario Court Of Appeal Summaries (March 18-22, 2019)
    • Canada
    • Mondaq Canada
    • April 4, 2019
    ...2 S.C.R. 518, Pereira v. Hamilton Township Farmers' Mutual Fire Insurance Company (2006), 267 D.L.R. (4th) 690 (Ont. C.A.), R. v. Speers, 2017 ONCA 333 Benarroch v. Fred Tayar & Associates P.C., 2019 ONCA 228 Keywords: Civil Procedure, Solicitor and Client, Assessments, Costs, Self-Repr......
  • R v Stephan
    • Canada
    • Court of Appeal (Alberta)
    • November 15, 2017
    ...R v Jacquard, [1997] 1 SCR 314 at para 62; R v Araya at para 39; R v Rodgerson, 2015 SCC 38 at para 30, [2015] 2 SCR 760; R v Speers, 2017 ONCA 333 at paras 21-23, 30, 347 CCC (3d) 401. Errors must be examined “in the context of the entire charge and of the trial as a whole”: R v Jaw, 2009 ......
  • Samms v Moolla
    • Canada
    • Court of Appeal (Ontario)
    • March 20, 2019
    ...charge to the jury, trial judges are properly granted a wide berth in determining how best to structure their jury charges: R. v. Speers, 2017 ONCA 333, 347 C.C.C. (3d) 401, at para. 30; Sacks, at para. 83. Writing a jury charge can be a complex and difficult task, one that calls for and re......
  • Get Started for Free
5 cases
  • R v Stephan
    • Canada
    • Court of Appeal (Alberta)
    • November 15, 2017
    ...R v Jacquard, [1997] 1 SCR 314 at para 62; R v Araya at para 39; R v Rodgerson, 2015 SCC 38 at para 30, [2015] 2 SCR 760; R v Speers, 2017 ONCA 333 at paras 21-23, 30, 347 CCC (3d) 401. Errors must be examined “in the context of the entire charge and of the trial as a whole”: R v Jaw, 2009 ......
  • R. v. Panovski
    • Canada
    • Court of Appeal (Ontario)
    • December 17, 2021
    ...at para. 139. Indeed, it will not be uncommon for a balanced charge to contain more inculpatory than exculpatory content: R. v. Speers, 2017 ONCA 333, at para. 26. And in judging the balance of the jury charge, an appellate court must not “divorce the jury charge from the greater context of......
  • R. v. Marshall
    • Canada
    • Court of Appeal (Ontario)
    • December 21, 2017
    ...R. v. Saleh, 2013 ONCA 742, 314 O.A.C. 60, at para. 143; R. v. Salah, 2015 ONCA 23, 328 O.A.C. 333, at para. 112; and R. v. Speers, 2017 ONCA 333, 347 C.C.C. (3d) 401, at paras. 27-30.[29] In this case, the trial judge’s instructions fell short of the perfection standard. Indeed, standing a......
  • Samms v Moolla
    • Canada
    • Court of Appeal (Ontario)
    • March 20, 2019
    ...charge to the jury, trial judges are properly granted a wide berth in determining how best to structure their jury charges: R. v. Speers, 2017 ONCA 333, 347 C.C.C. (3d) 401, at para. 30; Sacks, at para. 83. Writing a jury charge can be a complex and difficult task, one that calls for and re......
  • Get Started for Free
4 firm's commentaries
  • Ontario Court Of Appeal Summaries (April 8 – 12, 2019)
    • Canada
    • Mondaq Canada
    • April 30, 2019
    ...ONCA 294, R. v. Daley, 2007 SCC 53, R. v. Jacquard, [1997] 1 S.C.R. 314, R. v. Calnen, 2019 SCC 6, R. v. Jaw, 2009 SCC 42, R. v. Speers, 2017 ONCA 333, R. v. Villaroman, 2016 SCC 333, R. v. W.(D.), [1991] 1 S.C.R. 742 The content of this article is intended to provide a general guide to the......
  • Ontario Court Of Appeal Summaries (March 18-22, 2019)
    • Canada
    • Mondaq Canada
    • April 4, 2019
    ...2 S.C.R. 518, Pereira v. Hamilton Township Farmers' Mutual Fire Insurance Company (2006), 267 D.L.R. (4th) 690 (Ont. C.A.), R. v. Speers, 2017 ONCA 333 Benarroch v. Fred Tayar & Associates P.C., 2019 ONCA 228 Keywords: Civil Procedure, Solicitor and Client, Assessments, Costs, Self-Repr......
  • Ontario Court Of Appeal Summaries (April 24-28, 2017)
    • Canada
    • Mondaq Canada
    • May 5, 2017
    ...Criminal Law, Aggravated Assault, Breach of Probation, Long-Term Offender, Criminal Code, s. s. 753.1, Pre-Sentence Custody R. v. Speers, 2017 ONCA 333 [LaForme, Epstein and Huscroft R. Speers, acting in person B. Snell, appearing as duty counsel M. Fawcett, for the respondent Keywords: Pub......
  • Samms Estate v. Moolla, [2019] O.J. No. 1484
    • Canada
    • Mondaq Canada
    • July 31, 2019
    ...The Court held that trial judges are properly granted a wide berth in determining how best to structure their jury charges: R. v. Speers, 2017 ONCA 333. The ultimate question was whether the issue had been accurately conveyed to the jury and read contextually and the Court was satisfied tha......