Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

EVIDENCE-ADMISSIONS-FORMAL AND INFORMAL

R. v. Silaphet, 2024 MBCA 58, July 24, 2024, at paragraphs 28 to 30: Admissions can be either formal or informal.  A formal admission is an agreement that the admitted

OFFENCES-SEXUAL ASSAULT

R. v. Gordon, 2024 ONCA 576, July 22, 2024, at paragraph 3: The actus reus of sexual assault requires the Crown to prove three elements: (1) touching, (2) of a sexual nature,

TRIALS-STEREOTYPICAL REASONING

R. v. Varghese, 2024 ONCA 555, July 15, 2024, at paragraphs 33 to 40: In explaining why she had trouble accepting the complainant’s account, the trial judge stated that it

DEFENCE OF THE PERSON

R. v. Hodgson, 2024 SCC 25, July 12, 2024, at paragraphs 74 to 77: First, under s. 34(1)(a), the accused must have subjectively believed that force or a threat thereof was

SENTENCING- OCCUPATIONAL HEALTH AND SAFETY

R. v. 1222149 Ontario Ltd. (Dairy Queen and/or Embrun DQ Grill & Chill), July 8, 2024, at paragraphs 16 to 18: [I]n determining what quantum of fine is appropriate for

OFFENCES-ASSAULT CAUSING BODILY HARM

R. v. CHAHAL, 2024 ABCA 218, JUNE 21, 2024.  FACTS:  The accused was convicted of the offence of assault causing bodily harm.  The accused kicked the victim in the head.