R v K.D.S.

"...the officer had not failed to take reasonable steps to preserve the tape given the limited relevance of the interview. 61 In R v K.D.S., 2021 SKCA 84, 405 CCC (3d) 416, the Crown inadvertently did not ask for videos at the police station until they had been overwritten. The accused had been..."

"...relevant to the issues in that case. The failure to preserve this footage in that case led to a stay of proceedings: R. v. K.D.S., 2021 SKCA 84. 84 I also agree that the police in this case should have turned their mind to the fact that a statement had been taken from Beboning, and that all..."

"...destroyed, the onus shifts to the Crown to show that its disclosure duty has not been breached. This obligation is set out in R v K.D.S., 2021 SKCA 84: Kalmakoff J.A. succinctly summarized the principles to apply when assessing the Crown's obligation to preserve relevant evidence: R v Cathc..."

"...destroyed, the onus shifts to the Crown to show that its disclosure duty has not been breached. This obligation is set out in R v K.D.S., 2021 SKCA 84: Kalmakoff J.A. succinctly summarized the principles to apply when assessing the Crown's obligation to preserve relevant evidence: R v Cathc..."

"...40 at para 30, citing R v La , supra note 38 at para 20. 42 Ibid at para 32. 43 R v Janeiro , supra note 40 at paras 120-24. 44 R v KDS , 2021 SKCA 84. See also R v Forster , 2005 SKCA 107, where the same Court upheld a stay granted in response to an oicer’s deliberate destruction of his no..."

"...133 © 2023 Emond Montgomery Publications. All Rights Reserved. 250 Table of Cases KDS, R v, 2021 SKCA 84 ............................................. . 85-86, 108 Ke, R v, 2021 ONCA 179 ..................................................... 80 Kelly v Ontario, 2014 ONSC 3824 .................."

"...40 at para 30, citing R v La , supra note 38 at para 20. 42 Ibid at para 32. 43 R v Janeiro , supra note 40 at paras 120-24. 44 R v KDS , 2021 SKCA 84. See also R v Forster , 2005 SKCA 107, where the same Court upheld a stay granted in response to an oicer’s deliberate destruction of his no..."

"...133 © 2023 Emond Montgomery Publications. All Rights Reserved. 250 Table of Cases KDS, R v, 2021 SKCA 84 ............................................. . 85-86, 108 Ke, R v, 2021 ONCA 179 ..................................................... 80 Kelly v Ontario, 2014 ONSC 3824 .................."

"...the officer had not failed to take reasonable steps to preserve the tape given the limited relevance of the interview. 61 In R v K.D.S., 2021 SKCA 84, 405 CCC (3d) 416, the Crown inadvertently did not ask for videos at the police station until they had been overwritten. The accused had been..."

"...relevant to the issues in that case. The failure to preserve this footage in that case led to a stay of proceedings: R. v. K.D.S., 2021 SKCA 84. 84 I also agree that the police in this case should have turned their mind to the fact that a statement had been taken from Beboning, and that all..."

"...destroyed, the onus shifts to the Crown to show that its disclosure duty has not been breached. This obligation is set out in R v K.D.S., 2021 SKCA 84: Kalmakoff J.A. succinctly summarized the principles to apply when assessing the Crown's obligation to preserve relevant evidence: R v Cathc..."

"...destroyed, the onus shifts to the Crown to show that its disclosure duty has not been breached. This obligation is set out in R v K.D.S., 2021 SKCA 84: Kalmakoff J.A. succinctly summarized the principles to apply when assessing the Crown's obligation to preserve relevant evidence: R v Cathc..."