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Canadian Courts stay another Fraud Case for Charter Reasons

Document Cited Authorities (3) Cited in Related

March is Fraud Awareness Month. Our firm often reminds fraud victims that they cannot reasonably rely on Canada’s criminal justice system for recovery or justice in fraud matters. In the R. v. Abrams case recently released, the Court did not dismiss drug charges, holding they were serious – but stayed identity fraud charges against the same accused involved in the same arrest, on the basis that fraud is not taken seriously by Canadian Courts if a Charter issue arises. Our case summary follows:

Case Summary:

R. v. Abrams, 2025 ONSC 1070
Heard: January 6, 2025
Judgment: February 18, 2025

Ontario Superior Court of Justice

Between: His Majesty the King (Respondent) and Brandon Abrams (Applicant)

Counsel: Sabrina Montefiore (Respondent), Alison McArthur (Applicant)

Reasons for Decision

(Charter Application)

This Charter motion addresses: (1) when a detention begins, and (2) police obligations to delay investigation until s. 10(b) rights are fulfilled.

On January 2023, a hotel clerk in Niagara...

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