Simon's Legal Resources

Criminal - Applications - Appeals

. R. v. Brown [SOR]

In R. v. Brown (Ont CA, 2024) the Ontario Court of Appeal allows a Crown appeal from a Charter 7,8,9 and 24(2) breach finding that the 'Feeney warrant' used "did not authorize an unannounced entry and no exigent circumstances emerged after the warrant was issued that would justify a so-called dynamic entry", thus resulting in a trial partial stay of the charges.

Here the court cites the SOR for appeals of Charter application rulings:

The trial judge committed errors of fact and law warranting this court’s intervention

[56] As recently reiterated in R. v. Brunelle, 2024 SCC 3, at para. 79, an appellate court should intervene in a trial judge’s decision on a Charter application “only where a trial judge misdirects him or herself in law, commits a reviewable error of fact, or renders a decision that is ‘so clearly wrong as to amount to an injustice’”: Babos, at para. 48, citing R. v. Bellusci, 2012 SCC 44, [2012] 2 S.C.R. 509, at para. 19; R. v. Regan, 2002 SCC 12, [2002] 1 S.C.R. 297, at para. 117; Canada (Minister of Citizenship and Immigration) v. Tobiass, 1997 CanLII 322 (SCC), [1997] 3 S.C.R. 391, at para. 87; R. v. Bjelland, 2009 SCC 38, [2009] 2 S.C.R. 651, at paras. 15, 51.