August 17th, 2018


Limiting Pre-Trial Credit to 1 For 1 Where Bail Revoked Offends Charter – R v Waspcolin, 2018 Edmonton Provincial Court

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Challenge to the constitutionality of the ‘bail revocation exception’ in s 719(3.1) CC (the portion limiting pre-trial custody credit to 1:1 where bail has been revoked). Defence argued that the section is overbroad and thus offends s. 7 of the Charter. Held: s. 719(3.1) CC violates s. 7; 1:1 credit limitation not applied. As per … Read More.

November 1st, 2016


R. v. P.A. 2016 Edmonton Provincial Court

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Client charged with unlawful confinement, sexual assault, and assault causing bodily harm. On the date of the incident a woman ran naked from his residence, encountered a woman across the street and alleged she had been confined, assaulted, and sexually assaulted.  The woman called 911 advising of the allegations.  Police attended and spoke to the … Read More.

May 26th, 2016


R. v. W.S. 2016 Fort McMurray Provincial Court

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Client stopped at check stop. Failed the Roadside screening breath test.  Arrested and provided two breath samples at the police station.  Lowest reading was 100 mg/%.  Charged with impaired driving and driving while over the legal limit.  Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.

May 24th, 2016


R. v. S.F. 2016 Boyle Provincial Court

Firm Cases Tags: , , ,

Client stopped at check stop. Failed the Roadside screening breath test.  Arrested and provided two breath samples at the police station.  Lowest reading was 100 mg/%.  Charged with impaired driving and driving while over the legal limit.  Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.

May 11th, 2016


R. v. S.H. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , , ,

Client stopped at by police while leaving a drinking establishment. Failed the Roadside screening breath test.  Arrested and provided two breath samples at the police station.  Lowest reading was 100 mg/%.  Charged with impaired driving and driving while over the legal limit.  Charter notice filed alleging a violation of the right to full disclosure as … Read More.

March 22nd, 2018


R v Felix, 2018 Ft. McMurray Court Of Queen’s Bench – Trafficking Charge Trial Delay Not Unreasonable

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Accused charged with 15 counts of trafficking and conspiracy to traffic in cocaine and fentanyl. After preliminary inquiry, he was ordered to stand trial on all counts, plus additional count sought by Crown under CC s 467.13. More than a year after the original 15-count Information had been laid, Crown gave notice that it might … Read More.

December 29th, 2017


R v Girou 2017 Court Of Appeal (Edmonton) – Judicial Stay For Lost Evidence Overturned

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Crown appeal of judicial stay of proceedings in sexual assault case. Audio recording of complainant’s statement to the RCMP was inadvertently lost. After preliminary inquiry but before trial, defence made application for a stay based on this acknowledged s 7 violation. Trial judge found that the breach caused prejudice to the degree that a stay … Read More.

November 17th, 2017


R v EG, 2017 Calgary (Youth) Provincial Court – Trial Delay

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Young person applied for a s. 24(1) Charter stay on the basis of 25 months of pre-charge delay. Allegations of sexual assault were initially made in 2014, but police closed the file without laying charges. In 2016, a different Detective reviewed the file and laid a charge, though there was no new evidence since the … Read More.

September 13th, 2017


R v Anderson, 2017 ABPC 210 per Semenuk, PCJ:

Law Updates Tags: , ,

Trial on charges of cocaine trafficking. Alleged s 7 Charter breach on the basis of entrapment. Undercover police operation. Accused was not a known target. Accused was introduced to the undercover officer by a woman that police recognized from previous drugs buys. Accused initiated the conversation with police by asking “What do you need?” When … Read More.

June 8th, 2017


R v Canfield, 2017 Edmonton Court of Queen’s Bench per Belzil, J:

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Accused charged with child pornography offences. Search at the Canadian border by members of the Canadian Border Services Agency (CBSA). O’Connor application seeking disclosure of “records pertaining to indicators used by CBSA to identify breaches of the Customs Act at border crossings.” Issue regarding a claimed investigative privilege. Held: Application dismissed. A well founded claim … Read More.