Tagged: Evidence

Charter Breaches and the Concept of “Fresh Start”: SCC Grants Leave in James Andrew Beaver v R and Brian John Lambert v R

When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203...

To Disclose or Not to Disclose: SCC Grants Leave in Transportation Safety Board of Canada v Kathleen Carroll-Byrne, et al.

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 [Carroll-Byrne], the Transportation Safety Board of Canada (“the Board”) sought to appeal the Supreme Court of Nova Scotia’s (“NSSC”) interlocutory...