January 28th, 2019

Adjournment denied for s. 276 application does not affect fairness to trial conviction – R. v Kulasingam, 2019 Alberta Court Of Appeal

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Defence appeal from dismissal of summary conviction appeal. Accused was convicted of sexual assault and unlawful confinement. Issue on appeal of whether “the trial judge’s refusal to grant an adjournment to allow the appellant’s trial counsel to correct his procedural error [failure to bring a s. 276 application] resulted in an unfair trial”, or the … Read More.

November 23rd, 2017

R v Arook, 2017 Court Of Appeal (Edmonton) – Bias Of Judge

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Appeal from sexual assault conviction. Allegation of bias. After trial had started, the accused sought an adjournment and fled after it was denied. In reasons for denying the adjournment and finding the appellant absconded, the judge referred to the application as “a sham designed to delay the administration of justice”, and suggested he absconded to … Read More.