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Keybot 54 Results  scc.lexum.org  Page 3
  Cour suprême du Canada ...  
Cette conclusion n’était pas déraisonnable. Nous convenons avec les appelantes que la preuve était suffisante pour justifier cette conclusion, vu en particulier qu’aucun élément de preuve n’a été produit pour la réfuter.
The trial judge had found, based on current enrolment of s. 23 children aged 6 to 11, as well as demographic projections for children up to 5 years of age in the area, that the relevant number of children who could potentially take advantage of French language education was 306.  This was a projection covering a ten-year period.  In this case, the appropriate estimate of the potential number of students who might attend the facility in any given year is 155, the uncontested number projected by the expert witness, Ms. Angéline Martel.  Therefore, according to the approach advocated in Mahe, the relevant number would be between 49 and 155.  The trial judge also attached some importance to the experience of parents in Charlottetown where projected numbers were surpassed once the educational facility was in place.  He compared the population of each locality and inferred that the same response could be expected.  This was not an unreasonable inference.  We agree with the appellants that there was sufficient evidence to support this inference, especially because no evidence was presented to rebut it.
  Cour suprême du Canada ...  
Il est admis que l’homme et l’enfant ont été dans le champ de vision de Mme Coubrough pendant environ 22 à 25 secondes. L’homme qu’elle a décrit mesurait environ cinq pieds trois pouces, de la même taille mais un peu plus mince que l’accusé qu’elle a vu en cour.
Joyce Smoke, a social worker who had been “handling” the Wildman family, said she was accustomed to seeing John Wildman wear a black hat and a black coat. But, as regards the hat, she was contradicted by her secretary Miss Carvel, and by several other witnesses who said Mr. Wildman did not wear a hat. Mr. Mclsaac said that on February 14 the appellant was wearing a long brown leather coat and tan cowboy boots. Wildman testified he had lost his gloves the night of February 14. He also testified he had put his coat and boots in the garbage on Monday, February 13, and put the garbage out on Wednesday, February 15. This happened about two hours after Tricia went missing. He explained this as the result of a call he received from his wife on February 13.
  Cour suprême du Canada ...  
Comme nous l’avons vu en analysant la tentative d’infraction impossible, la soi-disant impossibilité «de droit» est en réalité un cas d’impossibilité de fait et cette distinction ne vaut plus, sauf dans les cas de «crimes imaginaires».
99 Canadian courts have only rarely considered this issue.  In R. v. Chow Sik Wah, [1964] 1 C.C.C. 313, the Ontario Court of Appeal, in a case involving conspiracy to commit forgery, held at p. 315 that “[i]n a prosecution for conspiracy a conviction may not be registered if the operation for the commission of which the accused allegedly conspired would, if accomplished, not have made the accused guilty of the substantive offence”.  The respondent obviously finds comfort in this case.
  Cour suprême du Canada ...  
La possibilité de conclure également à la possession dépendrait vraisemblablement de la présence ou de l'absence d'un élément de preuve comme le moment où l'empreinte digitale a été laissée sur la bouteille, la question de savoir si le contenu pouvait être vu en manipulant la bouteille ou si la nature de la substance que renfermait le contenant était facilement reconnaissable.
. . . I think that the principle that emerges from all these cases is that whether an accused's fingerprint on an article will support an inference that he was in possession of the article will depend on the particular circumstances of the case. The nature of the article will clearly be of significance, such that a fingerprint on a frying pan, as in O'Keefe, for example, would much more readily establish possession of that item than a fingerprint on a container, such as the bottle in Kuhn (No. 1), which might prove prior handling of the bottle, but not necessarily knowledge and control of its contents at the relevant time. Whether the further inference of possession would be available would presumably depend on the presence or absence of such evidence as when the fingerprint was placed on the bottle, whether the contents could be seen when handling the bottle, or whether the nature of the substance in the container was readily recognizable.
  Cour suprême du Canada ...  
Une fois revenus, les agents de police ont amené l’accusé dans la salle d’interrogatoire, l’ont averti qu’ils avaient enquêté sur l’affaire et lui ont dit: [TRADUCTION] «Nous avons parcouru la partie ouest de la ville où vous travaillez et nous avons abattu beaucoup de besogne cet après-midi»; ils avaient été informés qu’il avait été vu en compa­gnie de la victime la veille au soir.
After their departure, the verbal resumé was reduced to a typewritten statement which the accused read over and signed. The police officers returned from their investigation, again took the accused to the interview room, informed him they had been working on the case and said, "We have been out going over the area in the west end of the city where you worked and we have been working pretty hard this afternoon" and that they had some information to the effect that the accused had been seen with the deceased girl on the previ­ous evening. They informed the accused that the lipstick that had been found in the truck had been identified as that of the deceased girl and that they had other information which indicated that he had been seen with the girl the previous night, and concluded, "We do not believe what you told us this morning". The accused then blurted out, "I was just thinking of my wife and my kids. I didn't mean to do it. She started kibitzing around and I grabbed her by the scarf and she didn't breathe no more".
  Cour suprême du Canada ...  
Une fois revenus, les agents de police ont amené l’accusé dans la salle d’interrogatoire, l’ont averti qu’ils avaient enquêté sur l’affaire et lui ont dit: [TRADUCTION] «Nous avons parcouru la partie ouest de la ville où vous travaillez et nous avons abattu beaucoup de besogne cet après-midi»; ils avaient été informés qu’il avait été vu en compa­gnie de la victime la veille au soir.
After their departure, the verbal resumé was reduced to a typewritten statement which the accused read over and signed. The police officers returned from their investigation, again took the accused to the interview room, informed him they had been working on the case and said, "We have been out going over the area in the west end of the city where you worked and we have been working pretty hard this afternoon" and that they had some information to the effect that the accused had been seen with the deceased girl on the previ­ous evening. They informed the accused that the lipstick that had been found in the truck had been identified as that of the deceased girl and that they had other information which indicated that he had been seen with the girl the previous night, and concluded, "We do not believe what you told us this morning". The accused then blurted out, "I was just thinking of my wife and my kids. I didn't mean to do it. She started kibitzing around and I grabbed her by the scarf and she didn't breathe no more".
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