February 9th, 2018 Update

R v Blanchard, 2018 Edmonton Queen’s Bench – No Charter Remedy For State Abuse Unrelated To Offence

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  Crown application as per Vukelich, 1996 CanLII 1005 (BC CA) for court to exercise its discretion to decline to hear accused’s Charter application. Accused sought remedies under 24(1) in relation to dangerous offender proceeding on basis of state abuse he suffered at the Michener Centre and in custody. Held: Application granted; Charter application summarily … Read More.

R v Newborn, 2018 Edmonton Queen’s Bench – Mandatory Life Sentence Not Cruel

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Accused was convicted of second degree murder by a jury. Issue regarding constitutionality of ss 235, 745(c) and 745.4 CC. Argument that accused’s low intellectual capacity and psychiatric difficulties rendered mandatory life sentence cruel and unusual. Held: no s 12 violation. 15-year parole ineligibility imposed. Nur, 2015 SCC 15 analysis. While accused’s intellectual disability reduced … Read More.

R v 1478876 Alberta Ltd, 2018 Edmonton Provincial Court – Stay Entered When Trial 6 Days Under 18 Month Presumptive Limit

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Public Health Act prosecution against 4 individuals and one corporation.  S 11(b) application. Total delay was 6 days under the 18-month presumptive ceiling. Held: s 11(b) violation; stay entered. Defence took reasonable steps to expedite proceedings. Complexity was at the low end of the spectrum, and any complexity arising from the large number of counts … Read More.

January 29th, 2018 Update

R v Quartey, 2018 ABCA – Sexual Assault Stereotypes Not Applied In Rejecting Accused’s Evidence

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Appeal from sexual assault conviction. W(D) case with sole issue being consent. Trial judge found the appellant’s assertions that he was not interested in sex, wanted to avoid sexual contact, and refused the complainant’s attempts to fellate him to be “unbelievable”.  Issue on appeal of whether trial judge erred by applying stereotypical myths in rejecting … Read More.

R v Martinez-Mendez, 2018 Calgary Provincial Court – Conditional Discharge For Domestic Assault

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Accused pleaded guilty to assault causing bodily harm. While drunk, the accused punched the complainant in the face causing damage to her eye. Accused was a foreign national and faced deportation if convicted. Held: Conditional discharge granted. Despite significant aggravating factors (domestic context and fact that complainant’s 8-year old child was present), accused’s “actions were … Read More.

R v Hadi, 2018 Edmonton Queen’s Bench – Refusal To Produce Driver’s Licence Not Criminal Obstruction

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Crown appeal of directed acquittal. Respondent was charged with obstruction for refusing to produce his driver’s licence to police in the course of a parking infraction. Trial judge found that the conduct could have been addressed by Traffic Safety Act provisions and thus could not have supported a Criminal Code conviction for obstruction. Held: Appeal … Read More.

R v Assefa, 2018 Alberta Court Of Appeal – ID Evidence

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Appeal from aggravated assault conviction. ID issue. Complainant was hit with a glass at a house party.  He had recognized one of the party guests as a player on the SAIT basketball team. The next day, the complainant searched the internet and found a photo of the player with a man he recognized as his … Read More.

R v Fuhr, 2018 Alberta Court Of Appeal -Judge Did Not Shift Burden Of Proof

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Appeal from conviction on multiple charges including assault causing bodily harm. Argument on appeal that the trial judge shifted the burden of proof by treating inconsistencies in complainant’s testimony more generously than inconsistencies in the appellant’s version of events. Held: Appeal dismissed. Appellant required to “point to something in the reasons of the trial judge … Read More.

R v Zolmer, 2018 Edmonton Queen’s Bench – No Search Breach In Routine Roadside Questioning

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Accused charged with possession of drugs for the purpose of trafficking and weapons offences. In the course of a traffic stop, police engaged the accused in conversation on several topics including his vehicle, travel plans, and living situation. Issue of whether the questions amounted to unreasonable search and seizure. Held: No s 8 violation. In … Read More.

January 15th, 2018 Update

R v Sitko, 2017 Alberta Court Of Appeal – 18 Month Sexual Assault Sentence Upped To 2 years

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Crown appeal from sentence of 18 months’ jail plus 18 months’ probation for accused convicted of sexual assault. Positive PSR and letters of support. Mitigating factors included remorse and better-than-average character. Held: Appeal allowed; sentence increased to 2 years less a day. Sentencing judge did not err in his treatment of mitigating factors: his reference … Read More.