May 1st, 2017


R v Blanchard, 2017 ABQB 271 per Macklin, J:

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Accused convicted of various offences including aggravated sexual assault. Accused alleged breaches of s. 7 (and other Charter rights), and sought a stay of proceedings, or reduction in sentence, given his treatment while at the Edmonton Remand Centre. Issue regarding what forms of evidence were admissible in seeking to establish the alleged breaches. Held: Canadian … Read More.

April 7th, 2017


R v Gormly, 2017 ABPC 35 per Rosborough, PCJ:

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Trial on a charge of resisting arrest. Following the accused’s arrest, a physical altercation ensued with police at the detachment. The accused was injured, and ultimately hospitalized. One issue was an alleged s. 7 breach arising from the police failure to use audio visual equipment at their disposal. Police did not activate their recording equipment … Read More.

R v Coombs, 2017 ABPC 34 per Fraser, PCJ:

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Impaired driving trial. Alleged s. 7 breach on the basis that the police officer’s lapel mic was not operating when he approached the accused’s truck. Officer testified that he had tested his recording equipment at the commencement of his shift, and everything was working. However, the lapel mics were known to frequently malfunction. Held: No. … Read More.

February 9th, 2017


R v Paulishyn, 2017 ABQB 61 per Yamauchi, J:

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Trial on a charge of possession of marihuana for the purpose of trafficking. Vehicle stop. Drugs ultimately excluded on the basis of ss. 8 and 9 breaches. One issue being the use of the RCMP VICS camera. The camera captured the police interactions with the accused, however, the police intentionally turned off the recording at … Read More.

December 7th, 2016


R v BB, 2016 ABQB 647 per Pentelechuk, J:

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Sexual assault trial. Defence application for a mistrial on the basis of incomplete disclosure / notice regarding two Crown expert witnesses. Defence received late (during trial) disclosure of photographs and a report from a police forensic expert. Further, defence contended that the evidence provided by a medical doctor extended well beyond the scope of the … Read More.

December 1st, 2016


R v B.B., 2016 ABQB 647 per Pentelechuk, J:

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Sexual assault trial. Defence application for a mistrial on the basis of incomplete disclosure / notice regarding two Crown expert witnesses. Defence received late (during trial) disclosure of photographs and a report from a police forensic expert. Further, defence contended that the evidence provided by a medical doctor extended well beyond the scope of the … Read More.

November 23rd, 2016


R v Vallentgoed, 2016 ABCA 358 per Berger, Slatter, Rowbotham, JA:

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Appeal concerning the scope of Crown disclosure of maintenance records of breath testing instruments. Held: Appeals allowed. Breathalyzer instruments are approved under the authority of s. 254 CC, and are presumptively reliable. Proper disclosure is key to trial fairness, however, “it is important for the effective administration of justice that criminal trials remain focused on … Read More.

November 16th, 2016


R v Girou, 2016 ABQB 607 per Thomas, J:

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Trial on sexual assault charge. Unexplained loss by RCMP of the audio statement provided by the complainant. Police took an initial statement while the complainant was “quite intoxicated” and very emotional. Later, a detailed recorded statement was taken. This second statement was lost. Held: Section 7 breach. Stay. Test set out in Svekla, 2010 ABCA … Read More.

November 9th, 2016


R v Fauolo, 2016 ABPC 192 per Semenuk, PCJ:

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Impaired driving trial. One issue at trial was the Crown’s alleged non-disclosure of the in-car police video recording. Police officer did not recall activating the camera during his investigation of the accused. Held: No s. 7 breach. No evidence that the video requested ever existed. Further, as per McCoy, 2016 ABQB 240: “since the Crown … Read More.

November 3rd, 2016


R v Ndhlovu, 2016 ABQB 595 per Moen, J:

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Accused pled guilty to two counts of sexual assault and received 6 months jail plus probation. Issue regarding the constitutional validity of s. 490.013(2.1) CC requiring him to comply with the requirements of the Sex Offender Registry for life. “The challenge is whether mandatory lifetime registration is in violation of s. 7.” Held: SOIRA violates … Read More.