August 26th, 2020


R v JMW, 2020 Alberta Court of Appeal (Calgary) Evidence Of Other User Access To Computer With Child Pornography

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Defence appeal of child pornography convictions. Circumstantial case. The son of the appellant, called by the Crown, vaguely testified in direct examination that he himself did use child pornography in the relevant timeframe. In cross-examination, he confirmed that about 80 other people would have had access to the computers too. Trial Crown incorrectly claimed that … Read More.

February 13th, 2020


Direct Indictment On Murder Charge Discharged At Preliminary Not Abuse – R v Srianandan 2019 Calgary Queen’s Bench

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Accused charged with 2 counts of second degree murder was discharged for those offences after preliminary hearing, but committed on 2 counts of manslaughter. At the first arraignment date, Crown presented a direct indictment alleging the second degree murder charges. Defence challenged the direct indictment based on abuse of process, citing breaches of Charter ss … Read More.

Need For Certificate Of Analyst For New Impaired Law – R v Goldson, 2019 Alberta Court of Appeal – Leave To Appeal

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Appellant acquitted of driving with illegal blood alcohol limit after trial and convicted on summary conviction appeal (SCA) sought leave to appeal the conviction. Issue at trial was whether the viva voce evidence of the qualified breath technician could satisfy the requirement in s 320.31 CC that the alcohol standard be certified by an analyst. … Read More.

November 19th, 2019


New Trial Ordered On Impaired Because Could Not Be Determined Samples Taken In Reasonable Fashion – R v NcNanus 2019 Edmonton Queen’s Bench

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Appellant convicted of s 253(1)(b) CC after trial appealed alleging errors, including that Trial Judge failed to find a breach of Charter s 8 and erred in finding the repeal of the “presumption of identity” in s 258(1)(c) CC operated prospectively and not retrospectively. The Charter voir dire at trial centered on whether the breath … Read More.

September 20th, 2019


Sex Assault Conviction Appeal Fails – Defence Of Mistaken Belief In Consent Not Made Out – R v Achuil, 2019 Alberta Court Of Appeal

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Appellant convicted of sexual assault after trial appealed, arguing that the trial judge misapplied the test in W(D) and that defence of mistaken belief in consent should have been available. Held: Appeal dismissed. Court found the trial judge did not misapply W(D) and the conviction should stand. The majority reconsidered Ryon [2019 ABCA 36] on … Read More.

July 23rd, 2019


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

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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.

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

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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.

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

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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

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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.

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

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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.