June 8th, 2018 Update
R v Chomiak, 2018 Alberta Court Of Appeal – 1st Degree Murder Upheld, Totality Of Circumstances Establishes Planning Intent
Appellant was convicted after trial of one count of first degree murder (of Ms. Chomiak, his estranged wife) and one count of second degree murder (of Ms. Bouchard), both by multiple gunshot wounds. Issue of whether trial judge erred in finding planning and deliberation to establish the first-degree murder offence. Trial judge relied on circumstantial … Read More.
R v Wolfe, 2018 Edmonton Provincial Court – No Entrapment Where Reasonable Suspicion Based On Bona Fide Inquiry
Application for a stay on the basis of entrapment after accused pleaded guilty to trafficking oxycodone. Offence took place at Tim Hortons in downtown Edmonton, a noted location in EPS’s undercover ‘Operation Disorder’, which targeted drug trafficking. Undercover officer asked a group of people, which included accused, if they knew where he could find any … Read More.
Voir dire in which Crown applied to admit prior inconsistent statement of an eyewitness to a homicide. Crown submitted the eyewitness was a “recanting witness who has not told the truth but did so on the prior occasion.” Witness recanted on the stand after an earlier statement to police that he observed the shooting. Witness … Read More.
R v Brazeau, 2018 Alberta Court Of Appeal – Accused’s Spontaneous Statements When Released Not Covered By Right To Counsel
Appeal from convictions for flight from police, impaired and dangerous driving, and robbery. Following a chase, police located vehicle in a ditch and the appellant beside it. Appellant was chartered and cautioned and indicated he wanted to speak with a lawyer at the police station. Appellant was taken to hospital to be treated for injuries, … Read More.
R v Amer, 2018 ABQB 362, per Poelman, J: Unreasonable Search By Wiretap Found, Evidence Still Admitted
Defence application for exclusion of evidence (23 recorded phone conversations and one unrecorded private communication in a vehicle which police listened to through audio probe) on the basis of section 8 breach. Police had three authorizations to intercept communications in relation to two homicides and a shooting, none of which named accused as target. Held: … Read More.
June 1st, 2018 Update
Crown appeal and application for reconsideration of Gladue, 2012 ABCA 143. Crown wished to challenge ratio that before police provide an opportunity to commit an offence, there must be pre-existing reasonable suspicion that the person is involved in the criminal activity to some degree. Crown argued that the standard could be met during the course … Read More.
Defence appeal from sentence of 10.5 years for numerous offences including kidnapping, break & enter and commit robbery, theft of a vehicle, and firearms offences. Home occupants were beaten, threatened with a shotgun, and forced into a vehicle and driven some distance away. Held: Appeal allowed; sentence reduced by 1.5 years to 9 years. Court … Read More.
Accused pleaded guilty to impaired driving and was granted a curative discharge. Issue of whether the 224 days accused’s license was suspended under the Alberta Administrative License Suspension [AALS] regime could be credited towards the mandatory 1-year Criminal Code driving prohibition. Held: Credit for AALS granted. Sahaluk, 2017 ABCA 153 drew the analogy between the … Read More.
Appeal from conviction for counselling offences of fraud and uttering a forged document. Issue of whether the requisite mens rea was proven at trial. Trial judge found that appellant tried to convince conspirators to “go along with the plan” of using a fake letter to gain an advantage in a lawsuit. Issue on appeal of … Read More.
Application for stay of proceedings on the basis of Charter violations resulting from over-holding. Accused was arrested on domestic violence related charges and held in police custody for 36 hours before a bail hearing, at which he was ultimately granted release. Crown conceded ss 7, 9, and 11(e) violations. Issue of whether breaches warranted judicial … Read More.