R. v. Wylie (R.), [2013] O.A.C. Uned. 552

JurisdictionOntario
JudgeLaskin, Rosenberg and Epstein, JJ.A.
CourtCourt of Appeal (Ontario)
Subject MatterPRACTICE,CRIMINAL LAW,EVIDENCE
Date05 November 2013
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
13 practice notes
  • R. v. Sillars, 2019 ONCJ 58
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • February 1, 2019
    ...timing of the detention has a certain practical attractiveness. But that is not how s. 254(3) reads. As this court held in R. v. Wylie, 2013 ONCA 673, 51 M.V.R. (6th) 1, at para. 10: "All that s. 254(3) requires is that a valid breath demand is made by a peace officer with reasonable ground......
  • R. v. Fenske (H.B.), [2015] Man.R.(2d) Uned. 37
    • Canada
    • Court of Appeal (Manitoba)
    • December 4, 2015
    ...to deference, the trial judge's ultimate ruling is subject to review for correctness. [Underlining added; para. 20.] (See R. v. Wylie , 2013 ONCA 673 at paras. 6-7; and R. v. Alex , 2015 BCCA 435 at paras. 4-5.) [15] The question of whether the requirement to take a breath sample "as soon a......
  • R. v. Guenter (P.), 2016 ONCA 572
    • Canada
    • Ontario Court of Appeal (Ontario)
    • January 18, 2016
    ...timing of the detention has a certain practical attractiveness. But that is not how s. 254(3) reads. As this court held in R. v. Wylie , 2013 ONCA 673, 51 M.V.R. (6th) 1, at para. 10: "All that s. 254(3) requires is that a valid breath demand is made by a peace officer with reasonable groun......
  • R. v. PEEPEETCH, 2018 SKQB 65
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 23, 2018
    ...in the jurisprudence that supports the proposition that the Crown must prove the “who, what, where and when” of the demand. R. v. Wylie, 2013 ONCA 673, 51 M.V.R. (5th) 1, at para. 19 In setting out the requirements of section 254(3), the Court of Appeal made no reference to any requirement ......
  • Request a trial to view additional results
13 cases
  • R. v. Sillars, 2019 ONCJ 58
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • February 1, 2019
    ...timing of the detention has a certain practical attractiveness. But that is not how s. 254(3) reads. As this court held in R. v. Wylie, 2013 ONCA 673, 51 M.V.R. (6th) 1, at para. 10: "All that s. 254(3) requires is that a valid breath demand is made by a peace officer with reasonable ground......
  • R. v. Fenske (H.B.), [2015] Man.R.(2d) Uned. 37
    • Canada
    • Court of Appeal (Manitoba)
    • December 4, 2015
    ...to deference, the trial judge's ultimate ruling is subject to review for correctness. [Underlining added; para. 20.] (See R. v. Wylie , 2013 ONCA 673 at paras. 6-7; and R. v. Alex , 2015 BCCA 435 at paras. 4-5.) [15] The question of whether the requirement to take a breath sample "as soon a......
  • R. v. Guenter (P.), 2016 ONCA 572
    • Canada
    • Ontario Court of Appeal (Ontario)
    • January 18, 2016
    ...timing of the detention has a certain practical attractiveness. But that is not how s. 254(3) reads. As this court held in R. v. Wylie , 2013 ONCA 673, 51 M.V.R. (6th) 1, at para. 10: "All that s. 254(3) requires is that a valid breath demand is made by a peace officer with reasonable groun......
  • R. v. PEEPEETCH, 2018 SKQB 65
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 23, 2018
    ...in the jurisprudence that supports the proposition that the Crown must prove the “who, what, where and when” of the demand. R. v. Wylie, 2013 ONCA 673, 51 M.V.R. (5th) 1, at para. 19 In setting out the requirements of section 254(3), the Court of Appeal made no reference to any requirement ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT