June 1st, 2018
Application for stay of proceedings on the basis of Charter violations resulting from over-holding. Accused was arrested on domestic violence related charges and held in police custody for 36 hours before a bail hearing, at which he was ultimately granted release. Crown conceded ss 7, 9, and 11(e) violations. Issue of whether breaches warranted judicial … Read More.
August 18th, 2017
Application pursuant to s 680 CC seeking a review by a full panel of the Court of Appeal of a denial of judicial interim release pending appeal. Accused was convicted of trafficking in cocaine. Main issue at trial related to the admissibility of intercepted communications. Held: Application denied. As per Oland, 2017 SCC 17, s … Read More.
August 11th, 2017
Section 525 bail reviews in relation to multiple accused. Held: Recommendations made. “The Supreme Court of Canada has recently attempted to jolt us out of our complacency with respect to the pace of criminal proceedings”. Section 525 CC is a mechanism established by Parliament to ensure that trials are held within a reasonable time. Recommendations … Read More.
July 12th, 2017
Application for bail pending appeal following a judge alone conviction for second degree murder. “Much like the appellant in R v Oland, 2017 SCC 17 … there is no question the appellant meets the first two criteria for bail pending appeal set out in s 679(3) of the Criminal Code … At issue is whether … Read More.
April 21st, 2017
Accused convicted of second degree murder following a jury trial. 12 year parole ineligibility period set. Accused, along with others, participated in a swarming beating death. Application for bail pending appeal. No record. Court concluded that appeal was not frivolous and accused was not a flight risk. Issue regarding public confidence test. Held: Bail denied. … Read More.
Second degree murder charge. Aboriginal accused with no record alleged to have caused the death of her child. Queen’s Bench judge originally denied release on the tertiary ground. Application to review the denial of bail. Held: Bail granted. “The offence is undeniably grave; however, there are questions raised from the interviews with the children, the … Read More.
March 21st, 2017
Second degree murder charge. Accused was denied bail in the Court of Queen’s Bench. Application pursuant to s. 680 CC for a review of the denial of bail by a panel of the Court of Appeal. Held: Application granted. The test for leave is low, requiring either “arguable merit” or “some hope or prospect of … Read More.
February 9th, 2017
“There is a longstanding practice in Alberta for police officers to act as prosecutors at bail hearings before justices of the peace … the Attorney General … has applied … for a declaration that police officers have the legal authority to do so under the Criminal Code, so that this practice may continue.” Held: Declaration … Read More.
January 5th, 2017
Application for bail pending appeal. Accused convicted of real estate fraud following a year long jury trial. 7 year sentence imposed. Accused had been on bail throughout the trial. Held: Application granted. As per Sidhu, 2015 ABCA 308 the public interest test involves a balancing of the interest in immediately enforcing a conviction against the … Read More.
November 23rd, 2016
Application for bail pending appeal following conviction for second degree murder. Accused convicted at trial on the basis of eye-witness evidence, as well as other circumstantial evidence. Held: Application denied. Accused established that the appeal was not frivolous, and that he would surrender himself into custody. However, detention necessary in the public interest. “The presumption … Read More.