March 16th, 2020 Update

Exclusion Of Evidence Unnecessary/Charter Breach Not Policy Driven – R v Russel 2020 Alberta Court Of Appeal

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Appeal from conviction. After arrest, police delayed access to counsel until a search warrant for his residence had been obtained and the search started. Various illicit items found in residence. Held: Appeal dismissed.  Crown conceded 10(b) breach on appeal. However, for 24(2), Court found exclusion was not justified. “Without needing to fully canvass the issue … Read More.

February 13th, 2020 Update

Peremptory Juror Challenge Amendments Have Prospective Effect Only – R v Levaillant 2019 Edmonton Queen’s Bench

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Accused elected trial by Judge and Jury in November 2018 and argued that the amendments to the Code abolishing peremptory challenges affect substantive rights and do not apply to retrospectively. Crown argued the amendments affect only procedural rights and apply retrospectively from September 19, 2019. Held: The amendments to peremptory challenges in Bill C-75 operate … Read More.

New Peremptory Juror Challenges Only Apply For Offences Alleged After Amendments – R v SB 2019 Edmonton Queen’s Bench

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Accused elected trial by Judge and Jury. Ahead of jury selection, defence filed application to determine whether the amendments abolishing peremptory challenges in s 269 of C-75, which took effect September 19, 2019, were retrospective or prospective in their effect. Accused argued the legislation affects substantive rights and therefore operates prospectively. Crown argued the amendment … Read More.

Direct Indictment On Murder Charge Discharged At Preliminary Not Abuse – R v Srianandan 2019 Calgary Queen’s Bench

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Accused charged with 2 counts of second degree murder was discharged for those offences after preliminary hearing, but committed on 2 counts of manslaughter. At the first arraignment date, Crown presented a direct indictment alleging the second degree murder charges. Defence challenged the direct indictment based on abuse of process, citing breaches of Charter ss … Read More.

Need For Certificate Of Analyst For New Impaired Law – R v Goldson, 2019 Alberta Court of Appeal – Leave To Appeal

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Appellant acquitted of driving with illegal blood alcohol limit after trial and convicted on summary conviction appeal (SCA) sought leave to appeal the conviction. Issue at trial was whether the viva voce evidence of the qualified breath technician could satisfy the requirement in s 320.31 CC that the alcohol standard be certified by an analyst. … Read More.

December 9th, 2019 Update

Youth Court Not Bound To Follow Consecutive Sentence Requirements Of Criminal Code – R v SC 2019 Calgary Youth Court

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Young person pled guilty to offences contrary to ss 268 and 270.01(b) CC. The issue was whether the Court had discretion to impose a concurrent sentence or whether it was bound by s 270.03 CC (which requires a consecutive sentence for other offences committed against a law enforcement officer arising out of the same event). … Read More.

November 19th, 2019 Update

New Trial Ordered On Impaired Because Could Not Be Determined Samples Taken In Reasonable Fashion – R v NcNanus 2019 Edmonton Queen’s Bench

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Appellant convicted of s 253(1)(b) CC after trial appealed alleging errors, including that Trial Judge failed to find a breach of Charter s 8 and erred in finding the repeal of the “presumption of identity” in s 258(1)(c) CC operated prospectively and not retrospectively. The Charter voir dire at trial centered on whether the breath … Read More.

September 20th, 2019 Update

4.5 Years For Major Meth. Importation Offences – R v Truax, 2019 Calgary Provincial Court

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The Accused was part of a sophisticated international plan developed by a criminal organization to import large quantities of drugs. Wholesale value of the methamphetamine was around $560,000. The Accused was responsible for the actual importation of 14.5 kg of meth from the USA to Canada. She was convicted after trial of s 5(2) and … Read More.

Mandatory Min. 5 Year Sentence For Sex Assault On 14 Year Old Unconstitutional – R v Badger, 2019 Edmonton Queen’s Bench

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Accused convicted of being a party to a sexual assault on a 14-year-old girl who was intoxicated at the time. Digital penetration and oral sex. Accused held the Complainant’s legs while another individual had sexual intercourse with her. Mandatory minimum sentence for the party offence was 5 years under s. 272(2)(a.2) CC. Defence challenged the … Read More.

Police Mistakenly Publish Youth’s Name In Child Porn Charge, Charge Stayed As Result – R v BM, 2019 Edmonton Youth Court

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Accused pleaded guilty to offences under ss 163.1(4) and 172.2(1)(a) CC. He was 17 on the offence date and at the time of arrest. Complainant worked for a modelling agency and Accused posed as a staff member of the agency via email in order to seek nude photos of the Complainant. After his arrest, the … Read More.