January 28th, 2019

Trial delay caused by choice of counsel – R. v. Jeha, 2019 Calgary Queen’s Bench

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Defence application for a stay based on a s. 11(b) Charter breach. Two accused were charged with multiple trafficking, firearms and criminal organization offences. Held: No s. 11(b) violations. Following Albinowski, 2018 ONCA 1084 and Mullen, 2018 ABQB 831, there is a “nearly bright line rule ascribing any unavailability of defence counsel as defence delay.” … Read More.

September 13th, 2017

R v Keror, 2017 Alberta (Calgary) Court Of Appeal per Paperny, Veldhuis, Strekaf, JA – T. Judge: Hughes, J:

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Appeal from murder conviction. Issue regarding the admissibility of statements made to police, and an alleged 10(b) breach. Accused wanted to speak to a specific lawyer upon arrest. Police assisted the accused in attempting to reach that lawyer, however, the attempts were unsuccessful. Accused then spoke to duty counsel, and responded “yes” when police asked … Read More.

May 6th, 2017

R v Alaia, 2017 ABPC 74 per Semenuk, PCJ:

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Accused charged with refusal to provide a screening breath sample and dangerous driving. After refusing to blow at the roadside, the accused was taken into the detachment to exercise his right to counsel, as he had asserted the same upon arrest. At the detachment the accused told police that he could not find the name … Read More.