The cases that win criminal trials

The governing framework for excluding unconstitutionally obtained evidence — and the modern definition of psychological detention.

Police misconduct records of the investigating officers can be disclosable — the foundation of the 'McNeil disclosure' request.

The Crown must disclose all relevant, non-privileged information in its possession — inculpatory or exculpatory.

Warrantless searches are presumptively unreasonable — the origin of the prior-authorization rule.

A search is reasonable only if authorized by law, the law itself is reasonable, and it is carried out reasonably.

The 'compelling, credible, corroborated' test for acting on a confidential informant tip.

How to challenge a warrant: the Garofoli application to cross-examine on and excise the ITO.

Police generally need a warrant to enter a home to arrest — the Feeney warrant.

Race and the history of over-policing matter to whether a reasonable person would feel free to leave — evidence excluded.

Investigative detention requires reasonable suspicion; a protective pat-down is not a licence to search for drugs.

Reasonable suspicion for a sniffer-dog search must rest on objectively verifiable, individualized facts.

77 pounds of cocaine excluded — flagrant police misconduct outweighs even very serious charges.

'Exigent circumstances' under CDSA s. 11(7) means urgency, not mere convenience.

Cell-phone searches incident to arrest are allowed only within tight limits — and police must take detailed notes.

Police need judicial authorization to obtain subscriber information tied to an IP address.

A sender can retain a reasonable expectation of privacy in text messages even on someone else's phone.

A warrant to search a place does not automatically authorize searching computers found there.

An IP address itself attracts a reasonable expectation of privacy — police need prior judicial authorization.

Presumptive ceilings on trial delay: 18 months in provincial court, 30 months in superior court.

Bail must follow the ladder — release on the least onerous terms; cash bail is a last resort.

Breach of bail requires subjective fault — and bail conditions must be minimal, necessary and realistic.

Possession requires knowledge and control — not mere access or viewing.

You cannot possess a drug you do not know is a drug — knowledge of the nature of the substance is essential.

Immigration consequences are a relevant sentencing factor — a day can matter.

The one-year mandatory minimum for repeat drug trafficking was struck down as cruel and unusual.

Courts must consider the unique circumstances of Indigenous offenders — s. 718.2(e).

Gladue is mandatory — failure to apply it is an error of law, even for serious offences.

The three-step instruction on credibility — the judge does not simply choose whom to believe.

Reasonable doubt is much closer to absolute certainty than to a balance of probabilities.

If you intend to contradict a witness, you must put your version to them in cross-examination.

Struck down the reverse onus for possession for the purpose of trafficking and created the s. 1 test.

Restricting medical cannabis to dried marijuana violated s. 7.

Simple possession of cannabis was constitutional pre-legalization — 'harm' is not a principle of fundamental justice.

Criminalizing possession without a medical exemption for a person needing cannabis violated s. 7.

The route for obtaining records held by third parties, and the test for a stay for abuse of process.

The modern confessions rule — a statement to a person in authority must be proven voluntary beyond a reasonable doubt.

s. 10(b) has informational and implementational components — including free duty counsel information.