In this episode I read and comment on three recent decisions of interest. 1) R. v. Gauthier, 2024 ONCA 621: the Ontario Court of Appeal examined the circumstances of the voluntariness of two spontaneous statements and whether the accused had a “reasonable expectation of privacy” in voicemails left to a doctors office that were threatening and harassing in nature. I offer critique on the judgment and disagreement with the Court’s conclusions at (00:36:00) 2) R. v. Gomez, 2024 ONSC 4439: the Court considers the difficulty and inconclusiveness of BAC readings to a drivers impaired state. 3) R. v. Khandakar, 2024 ONCA 620: the Ontario Court of Appeal discusses “refusal” charges in the context of ASD demands and how Donik applies.
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