# Canadian Criminal Procedure and Practice/Cases/General
## Jurisdiction

* R. v. Pilieci, 2010 ONSC 3606 -- Promise to appear not confirmed
* R. v. Killaly, 2010 BCPC 138 -- undertaking expiration

# Pre-Trial Matters
## Delay

* See Charter Delay Case Law

## Validity of an Information

| Case | Citation | Summary |
| R. v. Delgado | 2011 ONSC 4646 | information was read as being sworn in 2016--nullity was overturned--mandamus ordered |
| R. v. Schwark | 2001 MBQB 273 | amendments that were not initialized did not result in a nullity. |
| R. v. Van Kralingen | [1994] O.J. No. 196 (C.A.) | conviction was entered on an information that had no date at all--court upheld the information |
| R. v. Akey | [1990] O.J. No. 2205 (Gen. Div.) | information sworn “17th day of 1989,” without any reference to the month--overturned nullity--“the defect would not be one of substance as the purpose of the information would be fulfilled as it would let the accused know it was sworn before a justice of the peace within the required six months.” |
| R. v. Dean | 1985 CanLII 1142 (ABQB), (1985), 36 Alta. L.R. (2d) 8 (Q.B.) | information sworn “30th day of August A.D. 19__.” without any reference to a year--overturned nullity--information was valid |
| Platt v. R.; R. v. Cowan | [1981] 4 W.W.R. 601 (Man. Q.B.) | information was missing a date--declared a nullity |
| R. v. Bobcaygeon | (1974), 17 C.C.C. (2d) | the month on the date was omitted as well as the county--declared a nullity |
| R. v. Justice of the Peace, Ex parte Robinson | [1971] O.J. No. 1924 (C.A.) | information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario". |
| R. v. Boutilier | (1928), 50 C.C.C. 186 | information for an offence year of 1927 was stated as sworn in 1900 which would have been impossible--declared a nullity |

# Trial Matters
## Challenge for Cause

* R. v. C.E, 2011 ONSC 209 -- application for challenge for cause dismissed

## Calling Witnesses

* R. v. Messervier, 2010 ABQB 494 - crown wrongly refused to call police officer

## s.276 application

* R. v. Quesnelle, 2010 Ont. SCJ -- prior sexual history permitted
* R. v. Gill, 2011 ONCJ 345 -

## Misc

* R. v. P.D.T., 2010 ABQB 37 -- right to public hearing violated under s. 11(d)
* R. v. Charles Jean Picot, 2011 NBPC 4 -- application to amend info mid-trial granted
* R. v. Michell, 2011 BCPC 347 -- an incarcerated victim applies to attend a trial -- application denied
* R. v. Burtt, 2012 NBPC 6 -- application for video link permitted

## Incompetent Counsel

| Case | Citation | Result | Summary |
| R. v. Travis | 2012 ABQB 629 (CanLII) | denied | failed to call witnesses or request further disclosure |
| R. v. Aulakh | 2012 BCCA 340 (CanLII) | denied | allege defence failed on a number of points |
| R. v. G.M. | 2012 NLCA 47 | granted | defence failed to call evidence attacking credibility of crown witness |
| R. v. Downing | 2012 ABQB 287 | denied | |
| R. v. Ross | 2012 NSCA 56 | granted | trial counsel did not call any evidence or cross-examine on sexual interference case where defence was an honest mistaken belief of age |
| R. v. O'Keefe (No. 2) | 2012 NLCA 25 | denied | claimed counsel failed to call witnesses, raise charter issues, make requested election |
| R. v. Fraser | 2011 NSCA 70 | granted | new trial ordered |
| R. v. Hobbs | 2010 NSCA 53 | denied | |
| R. v. M.B. | 2009 ONCA 524 | granted | new trial ordered |
| R. v. T. P. | [2002] O.J. No. 2142 (Ont. C.A.), 2002 ONCA 49360 | | |
| R. v. Gardiner | 2010 NBCA 46 | granted | counsel failed to apply Browne v Dunn rule in examination, so new trial ordered. |

### Kienapple

| Case | Citation | Summary |
| R. v. Hope | 2011 NLTD 143 | sexual assault and sexual interference |
| R. v. Ramage | 2010 ONCA 488 | Impaired & Dangerous driving valid |
| John v. The Queen, | [1985] 2 S.C.R. 476 | |
| R. v. Davis, | [1999] 3 S.C.R. 759 | |
| R. v. Prince, | [1986] 2 S.C.R. 480 | |
| R. v. Pringle, | [1989] 1 S.C.R. 1645 | |
| R. v. Wigman, | [1987] 1 S.C.R. 246 | |

# Appeal
## Unreasonable Verdict

* R. v. Onyee, 1999 CanLII 14073 (MB C.A.) -- failure to consider timeline and misapprehension of evidence
Identification
* R. v. Burke, 1996 CanLII 229 (S.C.C.), [1996] 1 S.C.R. 474, 105 C.C.C. (3d) 205
* R. v. Reitsma, 1998 CanLII 825 (S.C.C.), [1998] 1 S.C.R. 769, 125 C.C.C. (3d) 1, rev’g (1997) B.C.A.C. 303;
* R. v. Keeper, (1993), 88 Man. R. (2d) 156.