Accomplishments
Some Recent Firm Cases
R. v. D.R. 2012 Alta. Prov. Ct.: Client charged with impaired driving and refusual of a breath demand. Defence filed Charter notice alleging breach of client's right to counsel asserting the client never got ahold of a lawyer, and was not provided with a reasonable opportunity to do so as never provided with legal aid duty counsel numbers, only phone books. Client forced to make calls to lawyers sitting on floor of holding cell staring at a toilet. First trial adjourned by Crown (over defence objections) because it failed to disclose video tapes of client in holding cell to the defence despite a number of requests and formal Charter notice that same had not been disclosed. Crown electing to stay proceedings against client prior to second trial date. Counsel: Kelly Dawson
R. v. C.D. 2012, Alta. Queen's Bench: Client charged with impaired driving, driving over .08, dangerous driving and three counts of assault with a weapon (to wit: a motor vehicle). Discharged at preliminary on driving over .08. Scheduled for jury trial in May 2011. Judicial stay of proceedings entered on balance of charges. Court accepted defence' argument that client's rights to make full answer and defence and to have a trial within a reasonable period of time breached. Police continuously denied that relevant disclosure sought by the defence existed causing an adjournment of a jury trial when same was produced the day after a jury was selected, causing an additional 8 month unjustiifed delay until trial. Total delay from charge to trial was 30 months. Further, following the adjournment of the first trial date and prior to the second a material defence witness died, causing actual prejudice to the client's ability to defend himself. Counsel: Kelly Dawson
R. v. D.E. 2011, Nunavut Court of Justice: 19 year old male charged with sexual assault and sexual interference in respect of 12 year old female complainant. Complainant told him she was 16, she appeared 16, and she behaved as if she was 16. Accused's belief honest and reasonable in circumtances, did not fail to take further reasonable steps. Acquitted. Counsel: Laura K. Stevens, Q.C.
R. v. B.M. 2011 Alta. Prov. Ct.: Impaired driving and over.08 trial. After arrest, client was placed in the telephone room to contact counsel. Three minutes later the officer re-entered the room to offer him accused "assistance", and referred him (who had been looking through the yellow pages) to the toll free Legal Aid line. A few minutes later the client knocked on the phone room door, and told the officer that he "can't get an answer", at which time the officer dialed Legal Aid, got through, and handed the phone him. Held: Breach of right to Counsel. Certificate of Analyses excluded from evidence. Police officer's intitial entry into the phone room (after 3 minutes) and the suggestion that the client contact Legal Aid, constituted an interference with the client's right to contact counsel of his choice. The later dialling of the phone by the police officer, and the calling of Legal Aid, was not at the accused's request, and further interefered with a reasonable opportunity to contact choice of counsel. Serious constitutional violation. Counsel: Robert C. Shaigec
R. v. S.M. 2011 Alta. Prov. Ct.: Client charged with impaired driving and over.08. Issue regarding reliability of screening breath test failure, and legality of his arrest. Client stopped randomly by police after leaving bar. Screening test administered within 2 minutes of him being stopped. Client testified that he was smoking a cigarette upon being stopped. Police officer denied this. Officer acknowledged that if client had been smoking the screening test failure would have been unreliable as the test would have been performed within 5 minutes of smoking a cigarette, contrary to his Edmonton Police Service training. This training require police to wait at least 5 minutes after motorist’s last cigarette before administering a roadside breath test. Held: Acquittals on both charges. Client’s evidence believed. Because he smoked within 5 minutes of screening test, the test "fail" was unreliable. Therefore, the arrest of the accused was illegal, and the subsequent breath tests taken at the police station were excluded from evidence under the Charter of Rights and Freedoms. Counsel: Robert C. Shaigec
R. v. E. (Nov. 2011, Nunavut Ct. of Justice): Crown led this evidence from common law wife (complainant) of client: "We were drunk. I blacked out. When I came to, he (client) smacked me. Then another guy smacked him." Complainant suspected to be hostile. Crown asked no more questions. Defence asked none. Crown argued that the unanswered and unchallenged case led proved assault, as "smack" necessarily meant unconsented to application of force. Defence argued that without any context, "smack" could not found criminal conviction, and was a Crown attempt to reverse the onus of proof. Client acquitted. Court agreed that conviction unsafe where judge necessarily left without any real understanding of what happened. Crown must at least ask the necessary question. Counsel: Laura K. Stevens, Q.C.
R. v. B (Nov. 2011, Nunavut Ct. of Justice): Client convicted of 2 counts of assault and 2 counts of utter threats after trial. Spouse and child victims. On probation for same offences at time. Sentenced to 10 months minus 1:1.5 credit for 4 months pre-trial custody, for actual sentence of 4 months and probation. 1:1.5 justified by hardship for Nunavut remand accused confined so far from home and family, no visits possible, and overcrowding at the correctional authority where he would serve his sentence. Counsel: Laura K. Stevens, Q.C.
R. v. K. C. (Nov. 2011, Alta. Q.B.): Client charged with second degree murder, pleading guilty to manslaughter. Deceased male was ex-spouse of client's sister. Deceased came to client's residence uninvited, stayed and drank with client whereafter they both become intoxicated. Deceased started yelling at client who yelled back for him to leave. Deceased picked up knife and threw at client, striking him in hand. Client picked up knife, at which point the deceased advanced and tried to punch him. Client stabbed deceased in stomach. Deceased fell down and client stabbed him twelve more times, mostly in torso. Client then cleaned scene, wrapped body and dumped in the bush. Fled, found a week later, took police to predator ravaged body and confessed. Client had done well on pretrial release. Held: 7 1/2 years minus 4 months pre-release custody. Counsel: Laura K. Stevens, Q.C.
R. v. T.D. 2011, Alta. Prov. Ct.: Client acquitted of impaired driving when officer testified event occurred on different date than reported in his typed report. Counsel: Kelly Dawson
R. v. S.M. 2011, Alta. Prov. Ct.: Client acquitted of breaching his recognizance requirement to report in person to the police each Friday. Testified as to a unseasonal "freak" snow storm which prevented him from getting to the police station as not even cabs were running. Testified that he contacted an officer who told him to come in the next day, which he did. Notwithstanding that no evidence confirming weather conditions called by defence the Court believed his testimony and found it was a lawful excuse to the charge. Counsel: Kelly Dawson
R. v. S.M. 2011, Alta. Prov. Ct.: Client acquitted on breach of recognizance and obstruction of justice. Alleged that within 24 hrs of being charged with assaulting his ex-wife and her boyfriend he contacted her by phone and text threatening harm to her property and to inflict injury on her new boyfriend if she did not withdraw the assault allegations. Complainant and accused testified. Court not be satisfied beyond a reasonable doubt that the accused committed the acts complained of. Counsel: Kelly Dawson
R. v. J. D. 2011, Alta. Prov. Ct.: Client acquitted of refusing roadside breath test due to violation of his s. 9 Charter right not to be arbitrarily detained. After determining client was "releaseable" back at the police station he was detained in custody for 9.5 hours because the officer chose to complete his investigation and report, only to be called away on a high priority matter. No justification for the officer not to have done more prior to receiving the high priority call 3 hours into the detention. Counsel: Kelly Dawson
R. v. W. 2011, Alta. Q.B.: Mistrial application granted in murder case due to inflammatory jury address by Crown counsel. New trial ordered, client subsequently ordered released on bail. Counsel: Laura K. Stevens, Q.C.
R. v. K. 2011 Nunavut Ct of Justice: 27 year old client acquitted of sexual touching of a child where complainant was 13 at time of intercourse. Complainant told him she was 18, was behaving in a way consistent with adulthood and produced a condom. Accused's belief that she was over 16 was not unreasonable and believed by trial judge. Counsel: Laura K. Stevens, Q.C.
R. v. D.D. 2011 Alta. Prov.Ct.: Crown withdrawing impaired driving/over .08 charges against client on strength of defence Charter notice alleging breaches of client's rights under sections 8 (unreasonable search), 9 (arbitrary detention) and 10(b) (violation of right to counsel). Officer formed grounds for arrest and search based on minimal physical symptoms and without the benefit of a roadside screening test. Client having difficulty speaking to lawyer of his choice and was not satisfied with call from duty counsel, particularly when officer took "call back" from duty counsel and client not satisfied as to whom he was talking to. Officer decided too much time had elapsed to give the client further opportunity to speak to lawyer and insisted test proceed without obtaining a waiver of counsel from client. Counsel: Kelly Dawson
R. v. R.G. 2011 Alta. Prov. Ct. Client acquitted of sexual assault after trial . Complainant alleged that she had gone to a party, gotten very drunk, and passed out. She stated she woke up to find client having intercourse with her and that she had not consented to this. DNA evidence confirmed that client had sexual contact with complainant. Client testified that the sexual activity was fully consensual and had been initiated by the complainant. Trial judge found that while complainant appeared to be trying to be honest in her testimony, evidence of the SAART nurse made it clear that complainant had spoken of particular sexual activity occurring that was not mentioned in her subsequent statements or testimony. Based on this, her level of intoxication, her evidence that she had "blocked some things out", trial judge found complainant's evidence as to the version of events could not be relied on, including her statement that she did not consent. Counsel: Lauren Garcia
R. v. N.M.2011 Alta. Prov. Ct.: Client acquitted of impaired driving and driving over .08. Certificate of analysis not admissible as Crown failed to prove that a "copy" was served on accused. Officer testified that he received "copies" from the breath technician who had completed same and compared them to ensure that copy served on the accused was the same as the original. However, no evidence as to how copies made by technician (ie. carbon or photocopy) and in cross-examination the serving officer admitted that he had only compared the "filled in" portions and none of the pre-printed portion of the certificate. Court agreed with defence that it could draw no inference that a "copy" had been served per s. 258(7) of the Criminal Code in absence of evidence as to mode of preparation. Counsel: Kelly Dawson
R. v. S: 2011 Alta. Q.B.: At trial client plead guilty to assaulting her spouse. Client's then counsel and Crown made a "joint submission" for a Suspended Sentence and probation. Sentencing Judge declined to impose this sentence, and instead granted the client a Conditional Discharge, a lessor sentence. Crown appealed. Although the Appellate Court found that the Sentencing Judge erred in not asking for further submissions from counsel before rejecting the joint submission, it did not err in granting a discharge. Conditional Discharge upheld. Counsel: Lauren Garcia
R. v. L.C. 2011 Alta. Q.B.: Client charged with murder of foster child. Evidentiary hearing to determine admissibility of evidence that client seen smoking outside in cold weather in presence of child who was crying and poorly dressed for the temperature. Crown alleging it showed that the client did not care about the child which provided a motive for the offence. Court ruling evidence is inadmissible. Dangers of bad character evidence well recognized. Client was not charged with general neglect but murder. The evidence did not support the inference that the accused did not care whether or not the child was harmed. Rather, the evidence was simply that of her bad character, and could only confuse the issues at trial. Counsel: Mona Duckett Q.C.
R. v. A.C. 2011 Alta. Prov. Ct.: Client acquitted of home invasion. Eyewitness identification case where witness positively selected client from photo line up as one of at least three individuals (two native and at least one black man) who entered her house. Crown argued eyewitness evidence strong because witness had seen client in the area day before and provided some unique identifying characteristics. Defence argument centered upon dangers of relying upon eyewitness evidence because it is inherently frail, coupled with fact that DNA linked a different black male to the crime. Defence cautioned Court to not speculate that more than one black male involved so as to explain this discrepancy. Court held it could not be satisfied beyond a reasonable doubt that accused committed the crime. Counsel: Gloria Grieco
R. v. D.P. 2011 Alta. Prov. Ct. (Y. Div.): Client acquitted of aggravated assault on basis of self defence. Credibility finding in favour of the defence as to how parking lot fight got started. Counsel: Gloria Grieco
R. v. A.F. 2011 Alta. Prov. Ct.: Reverse onus met for client on bail application after bail revocation where alleged he breached his bail conditions on serious internet crimes on several occasions. Ordered released on cash deposit and stringent conditions. Counsel: Kelly Dawson
R. v. P.W. 2011 Alta. Q.B.: Change of venue ordered for re-trial on murder count - Red Deer to Edmonton. Counsel: Laura K. Stevens, Q.C.
R. v. B.A. 2011 Alta.Prov.Ct..: Mischief charges withdrawn against mentally disabled man provoked into damaging the truck of a bully. Counsel: Laura K. Stevens, Q.C.
R. v. N.P. 2011, Alta. Prov. Ct.: Conditional discharge granted to woman in pain in emergency ward who kicked a child who was misbehaving very badly. Counsel: Laura K. Stevens, Q.C.
R. v. T.L. 2011 Alta. Prov. Ct. (Y. Div.): Bail on strict terms granted to 16 year old youth charged with murder for the stabbing death of his father with bad record of abuse. Counsel: Laura K. Stevens, Q.C.
R. v. D.B. 2011 Alta. Prov. Ct. (Y.Div): Annual review of youth's (now adult) sentence terms where convicted of first degree murder as an accomplice to the nephew of an organized - granted Intensive Rehabilitative and Custodial Supervision Sentence in 2009 - now approved supervised community residence, progress report very positive. Counsel: Laura K. Stevens, Q.C.
R. v. J.B. 2010 Alta. Prov. Ct.: Absolute discharge granted to firearms instructor and community volunteer who left firearms in his vehicle unhidden and unsecure while watching grandchildren in competitions. No prohibition imposed. Counsel: Laura K. Stevens, Q.C.
R. v. A.I. 2010, Alta. C.A.: Conviction for sexual assault with a weapon quashed and new trial ordered where defence provided statements from two witnesses to whom the complainant admitted lying at the accused's trial in order to get back at the accused. Evidence sufficiently credible, material and capable of undermining the verdict. Without a remedy, there was a risk of a miscarriage of justice. Counsel: Laura K. Stevens, Q.C.
R. v. P.C. 2010 Alta. Prov. Ct.: Crown calling no evidence against client on impaired driving allegation and charges dismissed. Crown satisfied based on previously filed written submissions that office lacked reasonable and probable grounds to believe client had operated motor vehicle within previous 3 hour period as no evidence he asked the security guards detaining the client when the act of driving had been observed. Counsel: Kelly Dawson
R. v. D.L. 2010 Alta. Prov.Ct.: Client acquitted of impaired care or control of a motor vehicle. Client observed with female passenger sitting in driver's seat of his vehicle with the motor running. Court accepted client's testimony that he knew he was too intoxicated to drive and had in fact been driven to the location by a designated driver. Designated driver had dispute with female passenger and refused to drive them rest of the way home. Client called his wife (which she confirmed in evidence to come and pick them up. Client entered the driver's seat and turned motor on to stay warm until wife arrived. He was arrested before her arrival. Court found no undue risk of setting vehicle in motion in these circumstances. Counsel: Kelly Dawson
R. v. T. 2010 Nunvut Court of Justice: Female client charged with assault causing bodily harm by biting off large piece of male's tongue. Complainant testified he awoke to find client biting his tongue. Client testifed that she awoke to find accused's hands down her pants and being kissed on her cheek. She panicked and fled the house. No memory of biting his tongue. Crown argued no assault on her, therefore no self defence; or if there was, force was excessive. Client acquitted. Court satisfied that she was telling the truth about the sexual assault and bit his tongue before she came to her senses and jumped up. Lawful self-defence and not excessive force. Counsel: Laura K. Stevens, Q.C.
R. v. J.M. 2010 Alta. Prov. Ct.: Client charged with impaired driving and driving with a blood alcohol content over .08. Officer witnessed client rear end another MV at a red light. Roads very icy and snow covered. minimal signs of impairment noted throughout the investigation, however client blew a fail on roadside screening device. After breath samples provided at the police station officer requested signature on some of the documents to be served and confirmation that he understood same. Client declined based on legal advice from duty counsel. At this point officer decided to place client in drunk tank, where he stayed for 7 hours. The trial court held that client's right not to be arbitrarily detained was violated by this 7 hour detention. Officer's explanation that this was necessary as client was intoxicated was not supported by the evidence. Officer also had no legal basis to hold client due to lack for signature. Trial judge held that as a result he would exclude the certificate of analysis from evidence and that this was the "clearest of cases" in which a stay of proceedings was required in relation to both charges. Counsel: Lauren Garcia
R. v. F.L. 2010 Nunavut Court of Justice: Client charged with sexual assault. Trial started, became evident that Information wrongly sworn by officer on personal knowledge not information and belief. Crown's attempt to withdraw Information objected to as trial had started and accused in jeopardy. Defect not on face of Information. Trial judge agreed with defence, Information quashed with prejudice noted. Crown conceded no further proceedings possible. Counsel: Laura K. Stevens Q.C.
R. v. C.W. 2010 Alta. Queen's Bench: Re-trial ordered on second degree murder, first trial ended in conviction and sentence of life minimum 18 years parole ineligibility. After successful appeal, guilty plea to manslaughter accepted. Crown and defence disagreed as to effective sentence, Crown sought 5 years 8 months after credit for pre-trial custody, defence sought 3 years. Held: 3 years and 8 months imprisonment. Counsel: Laura K. Stevens Q.C.
R. v. D.D. 2010 Alta. Queen's Bench: Client charged with first degree murder for shooting death. Client not the shooter, but the party who provided the gun and transportation. Pled to manslaughter with a firearm, joint submission of 4 year minimum accepted. Co-accused received 6.5 years. Counsel: Laura K. Stevens Q.C.
R. v. R.M. 2010 Alta. Prov. Ct.: Client acquitted. Allegation that driving while prohibited under Criminal Code for a dangerous driving conviction. Crown relying on statements made to officer by client at scene admitting knowledge of suspension and registrar's certificate confirming he was suspended on the offence date as a result of a dangerous driving conviction. Court agreed that Crown had a) failed to prove the client's statements were voluntary, and b) that the client had ever been provided with notice of the suspension. Unlike impaired driving and .08 convictions where driving prohibitions are mandatory, prohibitions on dangerous driving convictions remain discretionary. Accordingly, no presumption that client would have been advised of suspension in Court so proof from the Registrar of Motor Vehicles or otherwise that notice of the suspension went to the client was required. Counsel: Kelly Dawson
R. v. N.M. 2010 Alta. Prov. Ct.: Client acquitted of leaving the scene of an accident and Crown staying proceedings mid-trial in relation to over .08 charge due to apparent violation of the right to counsel. Client struck taxi causing an alleged $3000 worth of damage and continued on for approximately 30 seconds without stopping, not obeying police siren and lights. Client driving heavy welding truck in crowded parking lot. Court not satisifed that he was aware that he had struck a vehicle as no police or expert evidence called to show extent of damage. Video evidence from police dash cam did not convince Court that impact was serious enough to bring it to the attention of driver. Further client testified and Court could not disbelieve his evidence as to lack of knowledge. Client was convicted of impaired driving however, based largely on the accepted evidence of the police officer that, in addition to some other minor symptoms of impairment, he had fallen off a stool in the detachment phone room for no apparent reason. Counsel: Kelly Dawson
R. v. D.M. 2010 Alta. Prov. Ct.: Client acquitted of impaired driving and driving over.08. Officer had noted physical indicia of impairment however he made no note of a smell of alcohol or admission of consumption to link the indicia to impairment by alcohol. Therefore, officer did not have reasonable grounds to arrest, the seizure of breath samples was unreasonable, and the certificate of analysis was excluded from evidence. Counsel: Lauren Garcia
R. v. S.B. 2010 Alta. Queen's Bench: Client acquitted of charges alleging possession/use of a firearm, to wit: a handgun. Witnesses had testified that client had shot a "gun" out of a moving van. No weapon, bullets, or shells were recovered. Trial judge found that crown failed to prove that the object in question was a firearm as defined by the provisions of the Criminal Code. Counsel: Lauren Garcia
R. v. D.W. 2010 Alta. Queen's Bench: Successful appeal of a conviction for driving over .08. Acquittal substituted. Appellate Justice found that trial judge erred in finding that the officer had reasonable grounds to arrest client for impaired driving based on the admission of consumption of 2-3 beers, driving with no headlights in a well lit area, and other minor equivocal indicia. Seizure of breath sampes unreasonable and breath readings were excluded due to serious violation of client's rights. Counsel: Lauren Garcia
R. v. A. S . 2010 Alta. Prov. Ct.: Client acquitted of sexual touching of a teenage girl that had been living with his family for a few months. Complainant testifed that client had touched her in a sexual manner while client's wife was in the hospital. In cross examination issues arose as to the alleged timing of the incident and the complainant not following house rules. Client and wife both testified for defence. Client denied allegation . Trial judge not only found that the Crown had not proven the allegation beyond a reasonable doubt but believed the testimony of the client. Counsel: Lauren Garcia
R. v. D.R. 2010, Alta. Prov. Ct.: Client acquitted of impaired driving and over .08. Certificate of analysis excluded due to breach of client's right to be free from unreasonable search. Inexperienced officer arrested client "too early with too little, with no driving pattern and minor evidence of alcohol sufficient perhaps for a roadside screening demand." Counsel: Lauren Garcia
R. v. B.R. 2010, Alta. Prov. Ct. (Y.Div.): Accused youth charged with second degree murder and other offences pled guilty to assault with a weapon on third party. Murder charge withdrawn. Sentenced to time served (approximately 6 months). Counsel: Laura K. Stevens, Q.C.
R. v. A.S. 2010, Alta. Queen's.Bench: Plea entered and accepted to lesser offence of manslaughter on charge of first degree murder where deceased shot at close range twice in the chest. Deceased held himself out as member of criminal organization, and had beaten and threatened to shoot accused earlier after accused released third party being confined by deceased. Accused later cooperated in showing location of deceased's body. Also pled to indignity to human remains. Sentence of 6 years imposed, minus credit for pre-trial custody at 2:1 leaving additional time at 2 years. Counsel: Laura K. Stevens, Q.C.
R. v. N.M. 2010 N.W.T. Territorial Court - Intoxicated accused found outside residence in early morning hours. Police purported to arrest him "to prevent mischief". Accused acquitted: 1. no reasonable and probable grounds to believe offence committed; 2. no grounds to believe arrest and taking him into custody necessary to prevent continuation of offence if mischief had been committed; 3. arrest not carried out lawfully due to excessive force used in execution. Counsel: Laura K. Stevens, Q.C.
R. v. G.S. 2010 N.W.T. Territorial Court - Client charged with 7 counts alleging unlawful resistance and serious assaults of police officers purporting to arrest him in his home. Judicial stay of proceedings entered on all counts as just and appropriate remedy for Crown's breach of accused's right to timely disclosure and trial without unreasonable delay. Counsel: Laura K. Stevens, Q.C.
R. v. M.W. 2010 Supreme Court of Canada - Successed in opposing media appeal to have s. 517 of the Criminal Code, dealing with publication bans on bail hearings, declared unconstitutional. The media argued that the fact that it is mandatory that a judge impose a ban on publication of bail hearings, when requested by an accused person, was a violation of freedom of expression. The media contended that when an accused asks for such a ban a judge should have the discretion to determine whether or not it should be imposed in the particular circumstances. The Supreme Court of Canada (8:1) dismissed the media's appeal, and held that a mandatory ban, when requested by the accused, was necessary to ensure trial fairness and expeditious bail hearings. Counsel: Lauren Garcia & Laura K. Stevens, Q.C.
R. v. L.F. 2010 Alta. Queen's Bench - Jury acquitted client charged with sexual assault. Reasonable doubt raised on issue of consent. Client testifying as to reasonable belief in consent. Counsel: Mary K. MacDonald
R. v. C.A. 2010 Alta. Queen's Bench - Youth charged with second degree murder. Applied for bail but had no potential family or community placements available to him. Crown was opposed to bail based on the seriousness of the charge and the lack of any potential placement options. Court holding that an otherwise releasable youth could not be held in custody due to lack of a potential placement. and ordered released. Counsel: Graham Johnson
R. v. E.L. 2010 Alta. Prov. Ct. - Accused charged with assault, possession of proceeds of crime, and breaching a court order. Allegation was that accused and another individual (who pleaded guilty) had beaten the complainant in order to collect a $4000 drug debt. Accused was arrested at the airport with several thousand dollars in his possession. At trial accused acquitted of all charges due in large part to demonstrated weaknesses and inconsistencies in complainant's evidence. Counsel: Graham Johnson
R. v. R.Z. 2010 Alta Queen's Bench - Drug trafficking case. Police initiated a motor vehicle stop following a tip that a particular vehicle was being used to traffic in cocaine. Large quantities of cash and some cocaine seized. Client was driver of the vehicle. Charges ultimately dismissed following client's testimony at trial. Counsel: Graham Johnson
R. v. B.S. 2010 Alta. Q.B. Client acquitted of impaired driving causing death and over .08 causing death. Breathalyzer results excluded from evidence due to two separate breaches of clients right to be free from unreasonable search or seizure. Conviction was entered for dangerous driving causing death due to circumstances of collision. Counsel: Kelly Dawson
R. v. J.R. 2010 Alta. Court of Appeal: Murder conviction quashed and new trial ordered where trial judge gave erroneous and inconsistent instructions to the jury regarding the client's statements, and failed to warn them adequately against the misuse of bad character evidence. Counsel: Mona T. Duckett, Q.C.
R. .v. D.(D.): 2010 Alta. Prov. Ct.: Client acquitted of sexual assault after trial where complainant largely disbelieved and client largely believed after testifying. Allegation of sexual assault while sleeping, defence was that complainant both awake and consenting. Counsel: Laura K. Stevens, Q.C.
R. v. N.(L.): 2010 Supreme Court of Canada: Upheld minimum fine and conditional discharge for impaired driving and evading police as a result of Charter breaches by police upon arresting client. Client suffered a broken rib and collapsed lung in altercation. Supreme Court held that the statutory sentencing scheme is broad enough to allow for a significantly reduced sentence for constitutional breaches that impact on the individidual accused, and that in exceptional circumstances, the Charter may also allow for a reduction of a minimum sentence. Counsel: Laura K. Stevens, Q.C. & Graham Johnson
R. v. B.(D.): 2010 Alta. Prov. Ct. (Youth): Upon mandatory 1 year review of the 6 year Intensive Rehabilitation and Custody Supervision Order imposed on a youth client for first degree murder. 2 years secure custody portion changed to open custody despite opposition by the Solicitor General's Department. The object was to allow for a more gradual reintegration into community. Counsel: Laura K. Stevens, Q.C.
R. v. W.(P.): 2010 Alberta Court of Appeal: Court quashed second degree murder conviction and ordered new trial where young and unsophisticatated accused ordered to continue murder trial without counsel after his lawyer withdrew during trial. Counsel: Laura K. Stevens, Q.C.
R. v. D.R. 2010 Alta. Queen's Bench : Client pleading guilty to one count of sexual assault, one count of assault with weapon and one count of breaching a court order. Sexual touching of step-daughter. Forensic assessment placing client at low risk to re-offend and suitable for community based supervision and treatment. Conditional sentence of 18 months followed by 12 months probation on sexual assault; fines on balance of charges. Counsel: Kelly Dawson
R. v. R.B. 2010 Alta. Prov. Ct.: Client acquitted of two counts of obstructions of peace officer (providing false name and resisting arrest by fighting). Court agreed arrest for public intoxication unlawful as no reasonable grounds for oficer to believe accused intoxicated as law required drunkeness rising to "stupefication" or incapacity. Accordingly accused acquitted of obstruction by fighting as officer not in lawful course of duty. Providing name of "Bob" does not establish beyond a reasonable doubt an intent to mislead the officer even when real name different as accused not purporting to provide a complete name and may, for example, use "Bob" as a nickname. Counsel: Kelly Dawson
R. v. R.P. 2009 Alta. Queen's Bench: Jury acquittal of client charged with second degree murder. Defence argued that deceased was physically aggressive in argument with client and that client's pulling of knife on unarmed aggressor was reasonable in the circumstances and constituted self-defence. Deceased lunged at client and was stabbed to death in the process. Counsel: Robert C. Shaigec
R. v. H.R. 2009 Alta. Queen's Bench: Client acquitted of sexual assault of friend's wife based on an honest but mistaken belief in the identity of the complainant. Client impaired by alcohol and entered wrong bedroom at friend's house where he and his own wife were spending the night, his wife being in the adjacent bedroom. Complainant initially believing accused to be her husband but upon opening her eyes and seeing the accused she objected and the the accused immediately desisted. Court finding this was an extremely rare defence available on the particular circumstances of this case. Counsel: Kelly Dawson
R. v. G.G. 2009 Alta. Prov. Ct.: Client pleading to 3rd impaired driving offence with short time frame. After successful course of addiction treatment and extended and controlled sobriety Court agreed that jail was not required and granted a curative discharge involving 3 years of probation and counselling. Counsel: Kelly Dawson
R. v. C.W. 2009 Alta. C.A.: Murder conviction overturned based on legal errors made by trial judge in address to jury. New trial ordered. Counsel: Laura K. Stevens, Q.C.
R. v. A.R. 2009 Alta. Prov. Ct.: Client acquitted of impaired driving and driving over legal alcohol limit. Criminal Code requirement to take samples forthwith violated when officer delayed taking samples by placing client in phone room in case she "changed her mind" about calling a lawyer, which she had expressly declared she did not want to do. Counsel: Kelly Dawson
R. v. R. 2009 Alta. Prov. Ct.: Stay of proceedings obtained on impaired driving charge due to nearly two year delay from offence date. Police issued appearance notice that was defective. Warrant issued for client's arrest when he failed to appear on defective document. Police did nothing for two years to execute the warrant even though client's whereabouts easily ascertained. Counsel: Mary MacDonald
R. v. F.M. 2009 Alta. Queen's Bench: Jury acquittal on issue of identity in murder trial. Counsel: Laura K. Stevens, Q.C.
R. v. D.C. 2009 Alta. Queen's Bench: Jury acquittal on home invasion and assault allegation against complainant's estranged husband. Counsel: Kelly Dawson
R. v. P.L. 2009 Alta. Queen's Bench: Client acquitted in judge alone trial of 11 counts on a 13 count Indictment alleging sexual assault causing bodily harm, assault causing bodily harm, weapons offence, counselling murder etc.. Court concluded that client's evidence was unshaken in cross examination and could not be rejected, whereas complainant's evidence filled with serious inconsistencies and implausibilities. Defence conceded one common assault and attempt to obstruct justice and received time served. Counsel: Kelly Dawson
R. v. S.W. 2009 Supreme Court of Canada: Heard by 9 justice panel along with companion cases of R. v. Sinclair and R. v. McCrimmon. Murder acquittal overturned by Alta. C.A., appealed by defence to S.C.C. Issue involved scope of s. 10(b) of the Charter - right of an arrestee to retain and instruct counsel without delay. Decision of the Court reserved and pending. Counsel: Lauren Garcia
R. V. H.T. 2009 Alta. Court of Queen's Bench: Conditional (house arrest) sentence obtained for client convicted of large scale, sophisticated cannibis grow operation of over 500 plants. Court found it was not established this accused was the primary operator. Counsel: Lauren Garcia
R. v. L. 2009 Alta. Court of Appeal:1st degree murder conviction overturned and new trial ordered. Court agreed that trial judge improperly placed burden on accused who testified to convince the judge that his oath had any meaning given his motive to lie because of the seriousness of the consequences should be be convicted. This erodes the presumption of innocence. Counsel: Laura K. Stevens, Q.C.
R. v. T.B. 2009 Alta. Prov. Ct.: Client pled guilty to lessor offence of aggravated assault, down from 1st degree murder. Youthful offender who had less moral culpability than others charged in the death of the victim, who had shown remorse and had begun treatment for his alcohol problems. Notwithstanding his convictions for impaired driving and multiple breach of his release terms while awaiting his trial on this matter the Court was satisfied that his sentence could be served in the community. Sentence imposed of 2 years less a day, with 12 months of house arrest. 6 months probation to follow. Counsel: Kelly Dawson
R. v. J.F. 2009 Alta. Court of Queen's Bench: Conviction of senior police officer for assault reversed on appeal and acquittal entered. Officer acted in accordance with his duty to protect safety of other persons and other officers at all times. Counsel: Laura K. Stevens, Q.C.
R. v. L.N. 2009 Alta. Court of Queen's Bench: Conviction for refusing roadside breath deman overturned on appeal and acquittal entered. Trial Judge erred in law by ruling words of refusal were admissible where no right to counsel provided and the prosecution was restricted to a roadside refusal charge. Counsel: Kelly Dawson
R. v. G.R. 2009 Alta. Prov. Ct.: Client charged with impaired driving and refusal of breathalyzer in 2006. 20 month pre-charge delay resulting in successful argument that his right to a trial within a reasonable time were violated. Stay of proceedings entered by Court. Counsel: Mary MacDonald
R. v. K.C. 2008 Alta. Queen's Bench: Client acquitted of multiple sexual assault allegations brought by niece. Expert evidence accepted as to inaccuracy of childhood memories. Client's denial of guilty believed by trial judge. Counsel: Kelly Dawson
R. v. M.R. 2008 Alta. Prov. Ct.: Client acquitted of impaired driving and over .08. Court held that client arbitrarily arrested and subjected to unreasonable search as at time of removing him from his car officer had no reasonable grounds to suspect impairment by alcohol as could not confirm smell of alcohol coming from accused's breath and had received no admission of drinking. Prior driving pattern not sufficiently erratic that impairment by alcohol only reasonable explanation. Counsel: Kelly Dawson
R. v. T.S. 2008 Alta. Court of Queen's Bench: Pre-trial motion in multiple homicide case to exclude client's numerous statements to police on the basis that they were involuntary and induced by oppressive police tactics, successful in part. Main and one additional statement excluded. Counsel: Robert Shaigec & Lauren Garcia
R. v. J.R. 2008 Alta. Prov. Ct.: Client acquitted of impaired driving and over .08. Failure to advise of legal rights once investigation shifted from leaving the scene to impaired investigation. No reasonable grounds to believe impaired driving occurred within previous 3 hour period. Court not satisfied that symptoms of impairment attributable to alcohol versus shock from accident. Counsel: Kelly Dawson
R. v. T.S. 2008 Alta. Court of Queen's Bench: Client charged with two 2nd degree murder offences. Acquittal gained on one allegation. Counsel: Robert Shaigec & Lauren Garcia
R v. T.J. 2008 Alta. Court of Appeal: Client successfully appealed 2nd degree murder conviction to the Court of Appeal. New trial ordered as trial judge failed to properly instruct the jury as to significance of Crown witness admitting to lying under oath on other occassions to that witness's credibility, and other legal errors. Counsel: Laura K. Stevens
R. v. L.D. 2008 Alta. Prov. Ct.: Client discharged at preliminary inquiry on charges of sexually assaulting step-daughter. Counsel: Kelly Dawson
R. v. J.F. 2008 Alta. Queen's Bench: Traffic Safety Act conviction relating to motor vehicle intersection accident overturned on appeal. Traffic Commissioner failed to properly consider conflicting testimony of witnesses. Counsel: Mary MacDonald
R. v. P.T. 2008 Alta. Prov. Ct.: Client acquitted of driving over legal limit based on 16 minute unexplained delay between breath demand and leaving the scene. Counsel: Kelly Dawson
R. v. W.C. 2008 Alta. Court of Queen's Bench: Client acquitted of second degree murder on basis of self-defence. Counsel: Laura K. Stevens
R. v. N.B. 2008 Alta. Prov. Ct: Client acquitted of driving over legal limit and impaired driving based on 17 minute unexplained delay between breath demand and leaving the scene. Counsel: Kelly Dawson
R. v. M.N. 2008 Alta. Prov. Ct.: Client acquitted of impaired driving and driving over legal limit based on unreasonable search breach. Police called ambulance because of concern accused having heart problem which might be causing symptoms of impairment. Failure to confirm why ambulance released accused led to unsubstantiated assumption accused had no medical problem. Counsel: Kelly Dawson
R. v. J.S. 2008 Alta. Court of Queen's Bench: Narcotics case where officer's evidence justifying "officer safety" search not accepted by the Court. The fact of seeing a knife protruding from under the vehicle seat was neither recorded in the officer's notes or corroborated by the fellow officer. Evidence excluded. Counsel: Lauren Garcia
R. v. B.D. 2008 Alta. Court of Queen's Bench: Client charged with 2nd degree murder but defence seeking conviction on basis of manslaughter only. Acquitted of 2nd degree and manslaughter conviction entered. Defence called expert evidence concerning client's Fetal Alcohol Syndrome and prison conditioning that led to him being particularly susceptible to provocation and rage. Counsel: Robert Shaigec
R. v. D.C. 2008 Alta. Prov. Ct.: Crown seeks to apply highly restrictive Criminal Code amendments to the defence of evidence to the contrary in a breathalyzer case on a retroctive basis. Court agrees with Defence that such substantive changes relating to an accused's defence cannot be applied retroactively. Counsel: Robert Shaigec