September 14th, 2018 Update
First degree murder trial. Main issue at trial was the identity of the person who shot the deceased. The accused did not testify, but denied being the shooter in a series of text messages to a friend. Crown’s case on identity was based largely on eyewitness evidence. Held: Acquittal. Following BD, 2011 ONCA 51, the … Read More.
Defence appeal from conviction on the basis that the trial judge erred in dismissing s. 11(b) application. Transitional case. Issue on appeal of whether the 18-month presumptive ceiling in Jordan applies to Youth Criminal Justice Act matters. Held: Appeal dismissed. Court of Appeal was divided three ways on disposition of the appeal. Wakeling, JA, dismissed … Read More.
August 28th, 2018 Update
R v Ozorka, 2018 Edmonton Provincial Court – Video Testimony Permitted For Vulnerable Sexual Assault Complainant
Crown application under s. 714.1 CC for the complainant in sexual assault trial to testify by video link from Ontario. Complainant suffered from post-traumatic stress disorder, and previous trial date had been adjourned due to her mental breakdown and inability to testify. Held: Application granted. SDL, 2017 NSCA 58 set out several principles to guide … Read More.
43-year old accused pleaded guilty to possession of unstamped tobacco for the purpose of sale under s. 121.1(1) CC. 68,000 grams of flavoured contraband tobacco were seized which translated to about $25,000 in avoided taxes. Accused was remorseful and of prior good character. Defence sought a conditional discharge. Held: $1500 fine + VFS imposed. Factors … Read More.
R v Tinco Zambrano, 2018 Calgary Queen’s Bench – Severance Of Counts Permitted For Sexual Assault Due To Trial Prejudice
Accused charged with two counts of sexual assault in relation to two different complainants. Both alleged incidents occurred in the course of the accused’s employment as a massage therapist, but the degree of physical contact differed significantly. Application by accused for severance of the counts. Current election of judge and jury. Held: Severance application allowed. … Read More.
R v Rajpu, 2018 Calgary Queen’s Bench – Challenge Of Jurors Allowed Due To Risk Of Bias Towards Accused Of East Indian Descent
Accused charged with sexual assault. Defence application under s. 638(1)(b) to challenge potential jurors for cause on the basis of racial prejudice, as the accused was of East Indian descent. Held: Leave granted to challenge potential jurors for cause. In considering an application for challenge on the basis of racial prejudice, the first ‘attitudinal’ step … Read More.
R v Schroeder, 2018 Edmonton Provincial Court – Impaired Acquittal As Presumption Of Accuracy Not Available
Impaired driving trial for charges under ss. 253(1)(a) and (b) CC. Readings of 110mg% and 100mg% were noted on the Certificate of Analysis, but investigating officer testified that the technician advised, and he recorded in his notes, readings of 120mg% and 100mg%. Held: Acquittal. “The evidence in the present case shows that the instrument may … Read More.
Application by accused young person for a stay of proceedings, on the basis that being subjected to solitary confinement while in custody at the young offenders centre violated his Charter rights. Held: Section 9 violation; stay of proceedings granted. Accused was arbitrarily detained: segregation is inconsistent with the YCJA, and based on institutional policy only, … Read More.
August 17th, 2018 Update
R v Huebner, 2018 Calgary Provincial Court – No Credit Towards Driving Prohibition For Previous Administative Suspension
Accused pleaded guilty to impaired driving and was granted a curative discharge. Issue of whether she should receive credit for the time her licence was suspended under the Alberta Administrative Licence Suspension towards the mandatory Criminal Code driving prohibition. Held: no credit for time on AALS.
R v Waspcolin, 2018 Edmonton Provincial Court – Limiting Pre-Trial Credit to 1 For 1 Where Bail Revoked Offends Charter
Challenge to the constitutionality of the ‘bail revocation exception’ in s 719(3.1) CC (the portion limiting pre-trial custody credit to 1:1 where bail has been revoked). Defence argued that the section is overbroad and thus offends s. 7 of the Charter. Held: s. 719(3.1) CC violates s. 7; 1:1 credit limitation not applied. As per … Read More.