August 6th, 2015
Homicide trial. Various issues regarding alleged s. 10(b) breaches and the taking of statements. After the accused was finished on the telephone, he was asked by police if he was “satisfied with that”. Issue as to whether the officer was required to more formally ask if the accused “was satisfied with the advice from Legal … Read More.
Accused charged with drug and firearm offences. First trial adjourned due to Crown’s illness, and second trial adjourned due to disclosure issues. On the date of the third trial, the Crown disclosed an in car video of the events in question. The video had not been disclosed earlier due to an error within the Crown’s … Read More.
July 17th, 2015
Trial on unstated charges. Issue with respect to alleged 10(b) breach regarding accused’s statement to police. In an effort to persuade accused to speak, police made various comments about how the lawyer is not “the one sitting in the chair” right now and that all lawyers tell detainees not to speak. Held: No 10(b) breach. … Read More.
Crown appeal from Askov stay entered in relation to robbery charges. Total delay from arrest to conclusion of trial was 20 months and 16 days. Accused was in custody. No delay attributable to accused. Primary cause of delay was institutional, including an 8 month delay waiting for the earliest trial date offered in Queen’s Bench. … Read More.
July 15th, 2015
Impaired driving appeal. At trial, Crown refused to disclose maintenance logs of approved breath instruments. Held: Appeal allowed, disclosure ordered. Kilpatrick 2013 ABQB 5, Proctor 2015 ABQB 97 et. al. followed. The maintenance logs are first party records, and the Crown’s failure to disclose impairs the accused’s right to make full answer and defence. “There … Read More.
February 26th, 2015
Crown appeal from a judicial stay granted after Crown had not disclosed maintenance logs for approved breath instruments. Held: Appeal dismissed. Crown argument that an evidentiary hearing is required when this form of disclosure is requested, rejected. In St-Onge Lamoureux, 2013 SCC 57, “the Supreme Court has decided that maintenance logs for approved instruments are … Read More.
Trial on charges including possession for the purpose. Vehicle stop due to the fact that the vehicle had front end damage. The stop quickly became a criminal investigation upon learning that the accused was on a recognizance for drug trafficking. Upon arrest for a breach of a cell phone condition, accused’s vehicle was searched. Held: … Read More.
February 19th, 2015
Accused charged with sexual assault. On the basis of an assertion that the complainant was a prostitute and drug user, the defence sought disclosure of RCMP and EPS files “relevant to her credibility”, and that the “Crown ask the police to obtain further information about her drug use”. Held: Application denied. Mills regime not engaged, … Read More.
Legal agent convicted of obstruction of justice after lying to the Court regarding the whereabouts of his client. Defence sought a stay of proceedings on the basis of an alleged abuse of process. Crown initially told the accused that he was not “going to do anything about” his lie to the court, however, later an … Read More.
February 9th, 2015
Indecent act trial. Application for a stay based on delay. Accused convicted following first trial (11 months from charge to first trial). 8 month further delay during successful summary conviction appeal. Approximate further period of 8 month delay until second trial date. Held: Application dismissed. None of the individual periods of delay fell outside of … Read More.