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Charter - Burden of Proof

. R. v. Nicholls

In R. v. Nicholls (Ont CA, 2026) the Ontario Court of Appeal dismissed a criminal appeal, here brought against convictions for "possessing fentanyl for the purpose of trafficking, possessing property obtained by crime, and several firearms-related offences arising from his possession of a loaded firearm."

Here the court addresses the defence burden of proof in Charter cases:
[13] The appellant had the onus to establish a Charter violation on a balance of probabilities. ....

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Last modified: 03-07-26
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