June 13th, 2019

Search And Statements By Accused Allowed Into Evidence Despite Charter Violations – R v Downey, 2019 Calgary Queen’s Bench

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Accused arrested for kidnapping and forcible confinement of a child (later found dead), and murder of her mother. He made statements which Crown wanted to use in cross-examination if accused testified. Accused argued statement was not voluntary on the basis of oppression. He also applied for exclusion of items seized, photos, clothing and swabs, arguing … Read More.

June 8th, 2018

Unreasonable Search By Wiretap Found, Evidence Still Admitted – R v Amer, 2018 ABQB 362, per Poelman, J

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Defence application for exclusion of evidence (23 recorded phone conversations and one unrecorded private communication in a vehicle which police listened to through audio probe) on the basis of section 8 breach. Police had three authorizations to intercept communications in relation to two homicides and a shooting, none of which named accused as target. Held: … Read More.