R v Cortes Rivera, 2020 ABCA 76

"...the evidence was otherwise overwhelming and a conviction was inevitable.” This is interesting because the majority of this Court in 2020 ABCA 76 at para 28, 453 DLR (4th) 387, characterized the situation somewhat differently, 28 We arrive at this conclusion because even had cross-examinatio..."

"...determining whether any Charter rights of an accused were violated raises a question of law reviewable for correctness (R v Cortes Rivera, 2020 ABCA 76 at para 18, citing R v Shepherd, 2009 SCC 35 at para 20). Brief Conclusion [35] On the record before us, I see no error in the sentencing j..."

"...second stage (see R v Ecker (1995), 96 CCC (3d) 161 at 181-82 (Sask CA); R v LeBrocq, 2011 ONCA 405 at para 8; and R v Cortes Rivera, 2020 ABCA 76 at para 16).  Given the low threshold test at the first stage, the chlamydia evidence in this case could be relevant to the issue of t..."

"...test is a question of law and is reviewable on a standard of correctness (R v Poxleitner, 2020 ABCA 136 at para 44; R v Cortes Riveria, 2020 ABCA 76 at para 18; R v Clark, 2016 ABCA 72 at para 62; R v RS, 2013 ABCA 437 at para [10] The second complaint relates to the credibility decisions m..."

"...but it has sometimes been a factor in decisions to apply the curative proviso: e.g. R v LKW, R v Cortes Rivera, 2020 SCC 44, upholding 2020 ABCA 76. The fact is that this case turned on credibility. In these particular circumstances, we do not find that the evidence against the appellant ca..."

"..., above note 43 at para 39. 262 Saeed , above note 260 at paras 48–50. 263 Ibid at para 75. 264 Ibid at para 78. See R v Cortes Rivera , 2020 ABCA 76, where a s 8 violation was found because a third oicer was unnecessarily present, the accused was left naked during the swab, and the police ..."

"...113 R v Cornell, 2009 ABCA 147, af’d 2010 SCC 31.................................................. 41 R v Cortes Rivera, 2020 ABCA 76 ......................................................................... 67 R v Costain, 2011 ONCJ 559 ........................................................"

"..., above note 43 at para 39. 262 Saeed , above note 260 at paras 48–50. 263 Ibid at para 75. 264 Ibid at para 78. See R v Cortes Rivera , 2020 ABCA 76, where a s 8 violation was found because a third oicer was unnecessarily present, the accused was left naked during the swab, and the police ..."

"...113 R v Cornell, 2009 ABCA 147, af’d 2010 SCC 31.................................................. 41 R v Cortes Rivera, 2020 ABCA 76 ......................................................................... 67 R v Costain, 2011 ONCJ 559 ........................................................"

"...the evidence was otherwise overwhelming and a conviction was inevitable.” This is interesting because the majority of this Court in 2020 ABCA 76 at para 28, 453 DLR (4th) 387, characterized the situation somewhat differently, 28 We arrive at this conclusion because even had cross-examinatio..."

"...determining whether any Charter rights of an accused were violated raises a question of law reviewable for correctness (R v Cortes Rivera, 2020 ABCA 76 at para 18, citing R v Shepherd, 2009 SCC 35 at para 20). Brief Conclusion [35] On the record before us, I see no error in the sentencing j..."

"...second stage (see R v Ecker (1995), 96 CCC (3d) 161 at 181-82 (Sask CA); R v LeBrocq, 2011 ONCA 405 at para 8; and R v Cortes Rivera, 2020 ABCA 76 at para 16).  Given the low threshold test at the first stage, the chlamydia evidence in this case could be relevant to the issue of t..."

"...test is a question of law and is reviewable on a standard of correctness (R v Poxleitner, 2020 ABCA 136 at para 44; R v Cortes Riveria, 2020 ABCA 76 at para 18; R v Clark, 2016 ABCA 72 at para 62; R v RS, 2013 ABCA 437 at para [10] The second complaint relates to the credibility decisions m..."

"...but it has sometimes been a factor in decisions to apply the curative proviso: e.g. R v LKW, R v Cortes Rivera, 2020 SCC 44, upholding 2020 ABCA 76. The fact is that this case turned on credibility. In these particular circumstances, we do not find that the evidence against the appellant ca..."