September 20th, 2019

Mandatory Min. 5 Year Sentence For Sex Assault On 14 Year Old Unconstitutional – R v Badger, 2019 Edmonton Queen’s Bench

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Accused convicted of being a party to a sexual assault on a 14-year-old girl who was intoxicated at the time. Digital penetration and oral sex. Accused held the Complainant’s legs while another individual had sexual intercourse with her. Mandatory minimum sentence for the party offence was 5 years under s. 272(2)(a.2) CC. Defence challenged the … Read More.

Police Mistakenly Publish Youth’s Name In Child Porn Charge, Charge Stayed As Result – R v BM, 2019 Edmonton Youth Court

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Accused pleaded guilty to offences under ss 163.1(4) and 172.2(1)(a) CC. He was 17 on the offence date and at the time of arrest. Complainant worked for a modelling agency and Accused posed as a staff member of the agency via email in order to seek nude photos of the Complainant. After his arrest, the … Read More.

August 20th, 2015

R. v. S.S. 2015 Sherwood Park Provincial Park

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Accused charged with impaired driving, blowing over. 08, and possession of marihuana. Vehicle stopped by police due to an alleged amber light violation. Police claimed to smell marihuana in the vehicle (although only a small amount of the drug was later found in a sealed glass jar). Because of the alleged smell, the accused was … Read More.

February 9th, 2018

R v 1478876 Alberta Ltd, 2018 Edmonton Provincial Court – Stay Entered When Trial 6 Days Under 18 Month Presumptive Limit

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Public Health Act prosecution against 4 individuals and one corporation.  S 11(b) application. Total delay was 6 days under the 18-month presumptive ceiling. Held: s 11(b) violation; stay entered. Defence took reasonable steps to expedite proceedings. Complexity was at the low end of the spectrum, and any complexity arising from the large number of counts … Read More.

January 5th, 2017

R v Abzakh, 2016 ABQB 694 per Gill, J:

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Trial on drug and firearms charges. Jordan application. 63 month delay. Issue being the amount of the delay that was attributable to the defence. One period of delay (171 days) was caused by a change of counsel by the accused which resulted in an adjournment. A second series of delays were caused during the trial … Read More.

November 23rd, 2016

R v De Jong, 2016 ABQB 517 per Manderscheid, J:

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Accused convicted of possession of cocaine for the purpose of trafficking. When arrested, the accused was struck in the face a number of times with a closed fist by one of the arresting police officers. 18 year old accused who suffered from serious mental health related issues, and had been committed to Alberta Hospital for … Read More.

December 7th, 2015

R v Jeyte, 2015 ABPC 232 per Van Harten, PCJ

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Co-accused charged with break and enter. 25 month delay prior to trial. First trial date adjourned due to late disclosure of a witness statement. On the eve of the second trial date the Crown disclosed 700 pages of cell records and surveillance reports. Held: Stay of Proceedings. Actual prejudice found in relation to one of … Read More.

August 20th, 2015

R. v. Black, 2015 ABPC 175 per Allen, PCJ

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Trial on charges including possession of controlled drugs. Accused stopped by police while riding a bicycle in downtown Edmonton, and was investigated (questioned) regarding an alleged theft of a bike. Accused was arrested and searched after giving a false name. Held: Section 9 and 10(b) breaches, all evidence excluded. The accused was detained the moment … Read More.

R. v. Juneau, 2015 ABPC 179 per Shynkar, PCJ

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Impaired driving trial. Due to an oversight police failed to turn on the in car VICS camera. Therefore, police interactions with the accused at the scene were not recorded. Held: No s. 24 remedy granted. Police failure to turn on the camera was “unacceptably negligent.” However, “I am unable to find that the Charter entitles … Read More.

August 6th, 2015

R. v. Singh, 2015 ABPC 62 per Henderson, PCJ

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Impaired driving trial. Issue regarding whether reasonable grounds to arrest existed. Very minor driving pattern noted. Red / glassy eyes, unsteady on feet, and slurred speech observed by police. Held: S. 8 breach. Certificate not excluded. While the police officer had a genuine subjective belief in grounds to arrest, upon review of the totality of … Read More.