August 17th, 2018

One Year Minimum For Sexual Exploitation Of Minor Restored On Appeal – R v E.J.B., 2018 Alberta Court Of Appeal

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Crown appeal from sentence for sexual exploitation. Trial judge declared that the 1-year mandatory minimum under s. 153(1.1)(a) violated s. 12 of the Charter, and ultimately imposed a CSO. Held: Appeal allowed, 1-year minimum upheld; 4 years jail. Trial judge erred in finding that the mandatory minimum under s. 153(1.1)(a) would be grossly disproportionate in … Read More.

July 27th, 2018

5 Year Minimum For Robbery With Firearm Unconstitutional – 2 Years Less Day Imposed – R v Hilbach, 2018 Edmonton Queen’s Bench

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19-year old accused pleaded guilty to robbery using a prohibited or restricted weapon. Accused, along with a 13-year old accomplice, used an unloaded sawed-off rifle to rob a convenience store of $290 in lottery tickets. Gladue factors. Issue of whether 5-year mandatory minimum under s 344(1)(a)(i) CC violates s 12 of the Charter. Held: minimum … Read More.

July 20th, 2018

Minimum Jail Requirement For Procuring Sex Services From Minor Unconstitutional – R v Alvi, 2018 Calgary Provincial Court

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Sentencing of accused convicted after trial under s 286.1(2) CC (communication for the purposes of obtaining, for consideration, sexual services of a minor). Accused was caught through a Calgary Police sting operation, where the online ad indicated the (fictitious) sex trade worker was 18 years old, but subsequent communications made it clear she was 17. … Read More.

February 9th, 2018

R v Newborn, 2018 Edmonton Queen’s Bench – Mandatory Life Sentence Not Cruel

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Accused was convicted of second degree murder by a jury. Issue regarding constitutionality of ss 235, 745(c) and 745.4 CC. Argument that accused’s low intellectual capacity and psychiatric difficulties rendered mandatory life sentence cruel and unusual. Held: no s 12 violation. 15-year parole ineligibility imposed. Nur, 2015 SCC 15 analysis. While accused’s intellectual disability reduced … Read More.

December 29th, 2017

R v EJB, 2017 Calgary Queen’s Bench – Minimum Sentence For Sexual Exploitation Overturned

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Issue regarding constitutionality of the 1-year mandatory minimum sentence for sexual exploitation under s 153(1.1)(a) CC where Crown proceeds by indictment. 35-year old accused engaged in sexual relations with 16-year old niece (related through marriage) living with his family. Complainant had initiated the sexual relationship. Held: s 153(1.1) (a) CC violates s 12 of the … Read More.

May 19th, 2017

R v Ford, 2017 ABQB 322 per Veit, J

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Issue regarding the constitutionality of the statutory minimum sentence of one year imprisonment for the offence of sexual touching (151(a) CC) where the Crown proceeds by indictment. Evidence from a psychologist that accused functioned at a “social development age” of 14 or 15, which would place him into the chronological age exemption set out in … Read More.