July 23rd, 2019


R v B, 2019 Alberta Court of Appeal – Ineffective Assistance Of Lawyer Results In New Trial

Firm Cases Tags: ,

Appellant convicted at trial of sexual assault in relation to step-daughter. Evidence that mother of complainant had motive to fabricate due to custody battle and ability to influence complainant’s evidence but Trial Judge finding that he was satisfied that the complainant’s evidence alone established guilt beyond a reasonable doubt. Held: Conviction overturned on appeal.  Original … Read More.

R v Matchee, 2019 Alberta Court Of Appeal – 7 Year Robbery Sentence Reduced to 6 Due To Gladue Factors

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Appellant convicted after trial of 10 counts (robbery, break and enter, unlawful confinement, and others). He appealed his 7-year jail sentence on the robbery, saying the trial judge erred by not giving effect to Gladue factors. He argued a 5-year jail sentence would have been appropriate. His Gladue factors included family members in residential schools … Read More.

R v Churchill, 2019 Alberta Court Of Appeal – Sentence Reduced From 3 Years, 5 Months to 2 Years For Fentanyl Trafficking

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Appeal from a global sentence of 3 years and 5 months (including other drug and weapons offences) on the basis that the trial judge erred in categorizing a “holding out” offence in the same sentence range as trafficking fentanyl. Appellant was convicted of trafficking in fentanyl. He sold a substance represented to be fentanyl to … Read More.

R v M, 2019 Edmonton Provincial Court – Police Can’t Use Traffic Stop As Justification For Detention For General Criminal Investigative Purpose

Firm Cases Tags: , ,

Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop … Read More.

R v Mohamed, 2019 Edmonton Queen’s Bench – Traffic Stop Combined With General Criminal Law Purpose Is Arbitrary Detention

Law Updates Tags: , , ,

Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop … Read More.

June 13th, 2019


Bail Delay Over 24 Hours Should Not Have Resulted In Stay Of Charge – R v Reilly, 2019 Alberta Court Of Appeal

Law Updates Tags: , ,

Crown appealed a stay of charges of assault causing bodily harm, unlawful confinement, assault, mischief, and failure to comply with probation order arising in a domestic context. The stay was granted under s. 24(1) due to systemic problems within the bail system in Alberta, which resulted in the accused being held for longer than 24 … Read More.

June 3rd, 2019


One Year Sentenced Changed To House Arrest On Appeal On Careless Use Of Firearm – R v Bergh, Alberta Court Of Appeal

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Defence appeal from one-year jail sentence imposed for s 86(1) CC offence. Gun was discharged, causing serious injuries, during sex between appellant & complainant as he was running it along her side, back and buttocks. Neither party knew it was loaded. Both were using intoxicants. Appellant argued sentencing judge erred in overemphasizing dated criminal record … Read More.

January 28th, 2019


Trial fairness prejudiced by Judge’s constant intervention of cross-examination – R. v Quintero-Gelvez, 2019 Alberta Court Of Appeal

Law Updates Tags: , ,

Defence appeal from conviction at trial of sexual assault. Issue on appeal of whether the trial judge’s numerous interjections during cross-examination of the complainant impeded the accused’s right to make full answer and defence. Held: Appeal allowed; new trial. Schmaltz, 2015 ABCA 4 followed. “A review of the transcript of the cross-examination of the complainant … Read More.

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

Law Updates Tags: , ,

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.

Prison knife kept for protection dangerous, not just defensive. Conviction upheld – R. v McCargar, 2019 Alberta Court Of Appeal

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Appeal from conviction for possession of a weapon for a purpose dangerous to the public peace. Appellant was a serving prisoner found in possession of a plastic knife with razor blades. At trial, the appellant testified that he kept it for his own protection. Issue on appeal as to whether the trial judge erred in … Read More.