Some Recent Firm Cases

R. v. M.G.S. 2007 Alta. Queen's Bench: Secured court order for RCMP to produce internal "Administrative Review" of client in criminal proceedings resulting from a fatal motor vehicle collision with a police car. Counsel: Laura K. Stevens

R. v. E. S. 2007 Alta. Queen's Bench: Client's criminal record for violence excluded from evidence in 2nd degree murder case as potential prejudicial effect on jury exceeded probative value. Counsel: Kelly Dawson

R. v. D.W. 2007 Alta. Prov. Ct.: Succesfully resisted Crown application for client to be sentenced to life time sex offender registry reporting. Reduced to 10 year requirement. Counsel: Gloria Grieco

R. v. S.W. 2007 Alta. Queen's Bench: Alleged murder confession excluded for violation of client's right to counsel. Charge dismissed. Counsel: Lauren Garcia

R. v. E. C. 2007 Alta. Prov. Ct.: Breath test results excluded in impaired driving trial. Officer did not have reasonable grounds to make breath demand where alleged symptoms of impairment consistent with client's concussion from accident.

R. v. J.S. 2007 Alta. Queen's Bench: Obtained withdrawal of manslaughter charge laid in relation to fatal incident on transit bus. Counsel: Laura K. Stevens

R. v. R.H. 2004 Alta. Youth Ct.:  The mandatory minimum driving prohibition under s. 259 of the Criminal Code does not apply to youths under the Youth Criminal Justice Act. Counsel: Gloria Grieco

R. v. S.W. 2007 Alta. Queen's Bench: Summary appeal overturning client's conviction for impaired driving by drug. Opinion evidence of drug recognition expert ruled inadmissable as science's validity not established by Crown. Counsel: Graham Johnson

R. v. J.S. 2007 Alta. Prov. Ct.: Careless driving causing death charge dismissed. Defence forensic engineering expert opinion accepted over police accident reconstruction expert. Court satisfied that client could not have perceived pedestrian crossing highway as a hazard until it was too late to stop vehicle. Counsel: Kelly Dawson

R. v. C.L. 2006 Alta. Queen's Bench: Client acquitted of internet luring where no intent to induce actual meeting with complainant. Counsel: Laura K. Stevens

R. v. T. S. 2007 Alta. Q.B. Aggravated assault charge stayed by the Court as a result of the police losing two key witness statements.  Charter application granted – client’s right to make full and answer and defence infringed - it was the clearest of cases, and a stay of proceedings the only remedy. Counsel: Robert Shaigec

R. v. M.A.M. 2006 Alta.Queen's Bench: Client charged with first degree murder found not criminally responsible by jury by reason of depression induced automatism. Counsel: Laura K. Stevens

R. v. C. E 2007 Alta. Queen's Bench: Client who pled guilty to possession of cocaine etc. for the purposes of trafficking on a commercial level sentenced to conditional sentence (house arrest). Counsel: Kelly Dawson

R. v. K. W. 2007 Alta. Queen's Bench: Successful defence application to strike down reverse onus provision of Youth Criminal Justice Act requiring youths charged with serious crimes to be sentenced as adults. Counsel: Laura K. Stevens

R. v. R.S. 2007 Alta. Queen's Bench: Client acquitted of sexual assault allegation by camp cleaner as evidence uncorroborated and client's evidence could not be rejected. Counsel: Kelly Dawson

R. v. T.C. 2007 N.W.T.Q.B.: Client acquitted of sexual assault on friend's fiancee. Expert evidence accepted which refuted the contention that complainant's ability to consent to sexual intercourse was vitiated by the ingestion of a drug (ketamine) provided by the accused. Counsel: Lauren Garcia

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