Moving Toward Certainty: Joint Submissions and R v Anthony-Cook

Clients crave certainty. One method in which we can give our clients some measure of certainty is in approaching the Court having negotiated a joint sentencing position with Crown. These positions, called joint submissions, are often the result of protracted discussions where both Crown and Defence come to a mutually agreeable position to resolve the charges … Read More.

I’m Gonna Appeal!

Q&A: What is the appeal process? An appeal is an application to a higher court to review a case for any errors or deficiencies. In Alberta, summary conviction appeals are heard in the Court of Queen’s Bench. The Court of Appeal of Alberta is the highest appellate court in the Province and hears appeals from … Read More.

The Vader Error

The trial of Travis Vader (R. v. Vader) has attracted significant public attention in Edmonton over the past few months. While it seemed to have arrived at completion with the release of the judge’s trial decision, it quickly become clear that a major roadblock arose from the judge’s own analysis. Vader was charged with two … Read More.

Mandatory Minimums, Not So Mandatory?

A number of decisions have been released in the last 18 months where courts have declared certain mandatory minimum sentences in the Criminal Code and Controlled Drugs and Substances Act to be unconstitutional. These mandatory minimum sentences mean that judges are not allowed to impose sentences that are lower than a certain minimum established by … Read More.

Justice Delayed. Justice Denied.

The Supreme Court of Canada’s recent decision in R v Jordan attempts to strike a new, simpler test for determining when someone’s right to a trial within a reasonable time has been violated. It will now be considered presumptively unreasonable if a person has to wait more than 18 months for their trial to occur in provincial court, or 30 … Read More.