Case Law R. v. Brown

R. v. Brown

Document Cited Authorities (47) Cited in (80) Related (5)
5 cases
Document | Supreme Court of Canada – 2022
R. v. J.J.
"... [1995] 4 S.C.R. 154 ; R. v. Mentuck, 2001 SCC 76 , [2001] 3 S.C.R. 442 ; M. (A.) v. Ryan, [1997] 1 S.C.R. 157 ; R. v. Brown, 2022 SCC 18; Canada (Attorney General) v. Bedford, 2013 SCC 72 , [2013] 3 S.C.R. 1101 ; Carter v. Canada (Attorney General), 2015 SCC 5 , [2015] 1 S.C.R. 331 ..."
Document | Court of Appeal (Saskatchewan) – 2025
R v Wright
"...engage in a robust examination of the law's impact on Canada's free and democratic society ‘in direct and explicit terms’” ( R v Brown, 2022 SCC 18 at para 143, [2022] 1 SCR 374, see also: K.R.J. at paras 77 and 104 Based on the evidence that was before the trial judge, the benefits that s...."
Document | Supreme Court of Canada – 2022
R. v. Sullivan
"...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ..."
Document | Supreme Court of Canada – 2024
Sanis Health Inc. v. British Columbia
"...48, [2018] 3 S.C.R. 189; Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46, [2015] 3 S.C.R. 250; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; Ontario v. Canadian Pacific Ltd., [1995] 2 S.C.R. 1031; Attorney General of Nova Scotia v. Attorney General of Canada, [1..."
Document | Supreme Court of Canada – 2025
John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), 2025 SCC 6
"...5, [2000] 1 S.C.R. 61; R. v. Wu, 2003 SCC 73, [2003] 3 S.C.R. 530; R. v. Wholesale Travel Group Inc., [1991] 3 S.C.R. 154; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; R. v. Gardiner, [1982] 2 S.C.R. 368; Carey v. Laiken, 2015 SCC 17, [2015] 2 S.C.R. 79; Vidéotron Ltée v. Industries Micro..."

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5 books and journal articles
Document | Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition – 2023
Table of Cases
"...273 (Sup Ct J) .............. 454-55 Brown, R v , 2021 NSPC 32 ................................................ 278, 280 Brown, R v , 2022 SCC 18 ....................................................... 92 Brown v Regional Municipality of Durham Police Service Board , 1998 CanLII 7198, 43 OR..."
Document | Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition – 2023
Fail or Refuse Screening Demand: Section 320.15(1)
"...65 R v Penno , [1990] 2 SCR 865, 1990 CanLII 88 ; R v Whyte , [1988] 2 SCR 3, 1988 CanLII 47 . 66 R v Whyte , ibid . 67 R v Brown , 2022 SCC 18 . 68 R v Dawson , 1996 CanLII 11036, 140 Nfld & PEIR 176 at para 11 (CA) ; R v Moser , 1992 CanLII 2839, 7 OR (3d) 737 (CA) ; R v Malicia , [2004] ..."
Document | Criminal Law. Eighth edition – 2022
The Criminal Law and the Constitution
"...burden on the issue. In both Daviault 226 and Stone , 227 the Court indicated that in order to establish an air of reality about the 224 2022 SCC 18 [ Brown ]. 225 See Chapter 5, Section D(4) and Chapter 10, Section B(3)(b). 226 Daviault , above note 218. 227 Stone , above note 219 at 430. ..."
Document | Criminal Law. Eighth edition – 2022
The Prohibited Act, or Actus Reus
"...conduct. In the sense of involuntary conduct that negates the prohibited act, 112 R v Parks , [1992] 2 SCR 871. See Chapter 8. 113 2022 SCC 18 at paras 46–47 [ Brown ]. 114 R v Stone , [1999] 2 SCR 290. 115 2001 SCC 24 at paras 42 and 46. 116 R v Swaby (2001), 54 OR (3d) 577 (CA). 117 R v B..."
Document | The 2024 annotated mental health provisions of the criminal code - Part XX.1 – 2024
The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
"...ield where automatism is studied or considered. 66 AUTOMATISM: THE CONSTITUTIONALITY OF SECTION 33.1 OF THE CRIMINAL CODE R. v. Brown , 2022 SCC 18 — Section 33.1 67 of the Criminal Code violates the Charter and is of no force or efect pursuant to section 52(1) of the Constitution Act, 1982..."

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5 firm's commentaries
Document | Mondaq Canada – 2023
What Is Automatism? And Can It "Justify" Violent Criminal Behaviour In Canada?
"...voluntary control over that action" (R v. Stone, [1999] 2 S.C.R. 2019, at para. 156).1 Court Decisions Involving Automatism In R v. Brown, 2022 SCC 18, the defendant, consumed alcohol and magic mushrooms at a party, which contained psilocybin. He then "lost his grip on reality" and left the..."
Document | Mondaq Canada – 2022
Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
"...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ..."
Document | Mondaq Canada – 2022
Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
"...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ..."
Document | Mondaq Canada – 2022
In Sullivan, The SCC Clarifies Role Of Stare Decisis In Constitutional Litigation
"...an eye on constitutional litigation and decisions from across the country when seeking relief under s. 52(1). Footnotes 1. R v. Brown, 2022 SCC 18. 2. R v. Sullivan, 2022 SCC 3. Automatism is a state of unconsciousness that renders a person incapable of consciously controlling their behavio..."
Document | Mondaq Canada – 2022
British Columbia Court Of Appeal Upholds Provisions Of The Medicare Protection Act
"...interpreted a subtle shift in the Supreme Court of Canada's approach to the analysis of principles of fundamental justice. In R. v. Brown, 2022 SCC 18, the Supreme Court of Canada suggested that where conflicting Charter rights are each directly implicated by state action, recognition of th..."

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5 books and journal articles
Document | Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition – 2023
Table of Cases
"...273 (Sup Ct J) .............. 454-55 Brown, R v , 2021 NSPC 32 ................................................ 278, 280 Brown, R v , 2022 SCC 18 ....................................................... 92 Brown v Regional Municipality of Durham Police Service Board , 1998 CanLII 7198, 43 OR..."
Document | Impaired Driving and Other Criminal Code Driving Offences, 2nd Edition – 2023
Fail or Refuse Screening Demand: Section 320.15(1)
"...65 R v Penno , [1990] 2 SCR 865, 1990 CanLII 88 ; R v Whyte , [1988] 2 SCR 3, 1988 CanLII 47 . 66 R v Whyte , ibid . 67 R v Brown , 2022 SCC 18 . 68 R v Dawson , 1996 CanLII 11036, 140 Nfld & PEIR 176 at para 11 (CA) ; R v Moser , 1992 CanLII 2839, 7 OR (3d) 737 (CA) ; R v Malicia , [2004] ..."
Document | Criminal Law. Eighth edition – 2022
The Criminal Law and the Constitution
"...burden on the issue. In both Daviault 226 and Stone , 227 the Court indicated that in order to establish an air of reality about the 224 2022 SCC 18 [ Brown ]. 225 See Chapter 5, Section D(4) and Chapter 10, Section B(3)(b). 226 Daviault , above note 218. 227 Stone , above note 219 at 430. ..."
Document | Criminal Law. Eighth edition – 2022
The Prohibited Act, or Actus Reus
"...conduct. In the sense of involuntary conduct that negates the prohibited act, 112 R v Parks , [1992] 2 SCR 871. See Chapter 8. 113 2022 SCC 18 at paras 46–47 [ Brown ]. 114 R v Stone , [1999] 2 SCR 290. 115 2001 SCC 24 at paras 42 and 46. 116 R v Swaby (2001), 54 OR (3d) 577 (CA). 117 R v B..."
Document | The 2024 annotated mental health provisions of the criminal code - Part XX.1 – 2024
The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
"...ield where automatism is studied or considered. 66 AUTOMATISM: THE CONSTITUTIONALITY OF SECTION 33.1 OF THE CRIMINAL CODE R. v. Brown , 2022 SCC 18 — Section 33.1 67 of the Criminal Code violates the Charter and is of no force or efect pursuant to section 52(1) of the Constitution Act, 1982..."

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5 cases
Document | Supreme Court of Canada – 2022
R. v. J.J.
"... [1995] 4 S.C.R. 154 ; R. v. Mentuck, 2001 SCC 76 , [2001] 3 S.C.R. 442 ; M. (A.) v. Ryan, [1997] 1 S.C.R. 157 ; R. v. Brown, 2022 SCC 18; Canada (Attorney General) v. Bedford, 2013 SCC 72 , [2013] 3 S.C.R. 1101 ; Carter v. Canada (Attorney General), 2015 SCC 5 , [2015] 1 S.C.R. 331 ..."
Document | Court of Appeal (Saskatchewan) – 2025
R v Wright
"...engage in a robust examination of the law's impact on Canada's free and democratic society ‘in direct and explicit terms’” ( R v Brown, 2022 SCC 18 at para 143, [2022] 1 SCR 374, see also: K.R.J. at paras 77 and 104 Based on the evidence that was before the trial judge, the benefits that s...."
Document | Supreme Court of Canada – 2022
R. v. Sullivan
"...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ..."
Document | Supreme Court of Canada – 2024
Sanis Health Inc. v. British Columbia
"...48, [2018] 3 S.C.R. 189; Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46, [2015] 3 S.C.R. 250; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; Ontario v. Canadian Pacific Ltd., [1995] 2 S.C.R. 1031; Attorney General of Nova Scotia v. Attorney General of Canada, [1..."
Document | Supreme Court of Canada – 2025
John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), 2025 SCC 6
"...5, [2000] 1 S.C.R. 61; R. v. Wu, 2003 SCC 73, [2003] 3 S.C.R. 530; R. v. Wholesale Travel Group Inc., [1991] 3 S.C.R. 154; R. v. Brown, 2022 SCC 18, [2022] 1 S.C.R. 374; R. v. Gardiner, [1982] 2 S.C.R. 368; Carey v. Laiken, 2015 SCC 17, [2015] 2 S.C.R. 79; Vidéotron Ltée v. Industries Micro..."

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5 firm's commentaries
Document | Mondaq Canada – 2023
What Is Automatism? And Can It "Justify" Violent Criminal Behaviour In Canada?
"...voluntary control over that action" (R v. Stone, [1999] 2 S.C.R. 2019, at para. 156).1 Court Decisions Involving Automatism In R v. Brown, 2022 SCC 18, the defendant, consumed alcohol and magic mushrooms at a party, which contained psilocybin. He then "lost his grip on reality" and left the..."
Document | Mondaq Canada – 2022
Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
"...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ..."
Document | Mondaq Canada – 2022
Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
"...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ..."
Document | Mondaq Canada – 2022
In Sullivan, The SCC Clarifies Role Of Stare Decisis In Constitutional Litigation
"...an eye on constitutional litigation and decisions from across the country when seeking relief under s. 52(1). Footnotes 1. R v. Brown, 2022 SCC 18. 2. R v. Sullivan, 2022 SCC 3. Automatism is a state of unconsciousness that renders a person incapable of consciously controlling their behavio..."
Document | Mondaq Canada – 2022
British Columbia Court Of Appeal Upholds Provisions Of The Medicare Protection Act
"...interpreted a subtle shift in the Supreme Court of Canada's approach to the analysis of principles of fundamental justice. In R. v. Brown, 2022 SCC 18, the Supreme Court of Canada suggested that where conflicting Charter rights are each directly implicated by state action, recognition of th..."

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