December 29th, 2017 Update

R v Varley, 2017 Calgary Queen’s Bench – Hit & Run Statement Involuntary

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Voir dire decision regarding voluntariness of accused’s statement to police. Accused was under investigation for hit and run causing death. Accused asserted more than 10 times during police interview that his lawyer had advised him not to answer questions and he did not wish to answer. Police officer then made comments undermining the lawyer’s genuineness, … Read More.

R v Peers, 2017 Edmonton Queen’s Bench – Securities Fraud, 3 1/2 Year Sentence Upheld

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Summary conviction appeal of sentence for fraud and related charges under the Securities Act. Defence sought to reduce 3.5- year sentence imposed by trial judge to 2.5 years. At sentencing, Crown had asked for 2 to 2.5 years’ jail while accused sought 18-month CSO.  Issue on appeal of whether sentencing judge erred in not alerting … Read More.

R v Larsen, 2017 Calgary Provincial Court – Waiting For Drug Analysis Not Defence Delay

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Accused charged with trafficking marijuana seeds. Section 11(b) application.  As of hearing date total delay was 18 months 28 days, but trial was scheduled to continue in June 2018. Crown argued that 15 weeks should be deducted as defence delay as waiting for certificates of analyses to be disclosed before setting dates was unnecessary. Held: … Read More.

R v Danielson, 2017 Court Of Appeal (Calgary) – Drug Search Upheld

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Appeal from conviction on drug charges. Vehicle stop. Appellant was driving a rental car, appeared very nervous, and gave suspicious answers about his destination and how long he had been driving. This prompted a police computer check which revealed appellant’s prior involvement in drug-related matters.  Officer then conducted dog sniff search on basis of suspicion … Read More.

R v Girou 2017 Court Of Appeal (Edmonton) – Judicial Stay For Lost Evidence Overturned

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Crown appeal of judicial stay of proceedings in sexual assault case. Audio recording of complainant’s statement to the RCMP was inadvertently lost. After preliminary inquiry but before trial, defence made application for a stay based on this acknowledged s 7 violation. Trial judge found that the breach caused prejudice to the degree that a stay … Read More.

R v Colling, 2017 Court Of Appeal (Calgary) – Judge’ Bias Allegation Dismissed

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Appeal from sexual assault conviction. Issue on appeal of whether numerous interventions by the trial judge resulted in an unfair trial or apprehension of bias. Trial judge’s interjections during testimony included taking “judicial notice of what is required to remove one’s pants” at a critical point in cross-examination of complainant regarding whether she had cooperated … Read More.

R v Macleod, 2017 Calgary Queen’s Bench – 4 1/2 Years For Mortgage Fraud

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Accused was convicted after trial of fraud. Accused operated a mortgage brokerage and started a private investment fund. More than 10 individuals lost all or part of their investments after investing in the accused’s fund. In reality, no investments were made over a 2-year period. Total amount lost was over $1 million.  Crown sought sentence … Read More.

R v Church, 2017 Court Of Appeal (Calgary) – Credibility Finding Of Judge Upheld

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Appeal from conviction for various offences including robbery and kidnapping. Central issue at trial was the credibility of two Crown witnesses. Trial judge’s reasons were inaccurate regarding one of the witness’s criminal record. Issue on appeal of whether these conceded inaccuracies tainted the credibility finding and verdict. Held: Appeal dismissed. “The trial judge did not … Read More.

R v Amer, 2017 Calgary Queen’s Bench – Mobile Device Identifier Information Privileged

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Following in camera hearing establishing police investigative privilege regarding information related to Mobile Device Identifiers (MDI)s, accuseds sought disclosure of the privileged information under s 37(5) of the Canada Evidence Act. Applicants argued that notwithstanding the established privilege, information should be disclosed. Held: Application dismissed; disclosure denied. “While section 37(5) wisely allows for different levels … Read More.

R v Brown, 2017 Calgary Provincial Court – No House Arrest For Arson

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Two accused pleaded guilty to multiple counts of arson. Fires were set in dumpsters, partially constructed homes, and an abandoned building. Both accuseds were very low-functioning and assessed as having “borderline intelligence”. Issue regarding constitutionality of s 742.1(c) CC in removing the option of a conditional sentence order (CSO) for arson.  Held: No s 12 … Read More.