November 15th, 2018

Conviction Overturned As Complainant Testified She “Consented” To A Fight Which Included Choking – R v Gardiner, 2018 Alberta Court of Appeal

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Defence appeal from assault conviction. Domestic context. At trial, complainant testified the fight was consensual but she did not want to be choked. Held: Appeal allowed. “The proper question was not whether the complainant consented to each and every application of force during the course of the fight, or whether she ‘wanted’ to be choked … Read More.

July 20th, 2018

Eager Consent To Search NOT Same As Informed Consent, Search Violation – R v Nafke, 2018 Calgary Provincial Court

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Drug trafficking trial. Voir dire to determine whether accused’s section 8 Charter rights were violated by police installing a video cameral in the hallway of a condo complex, without a warrant. Building manager was cooperative and granted police access. Evidence from the camera was later used to support an application for a warrant to search … Read More.

July 3rd, 2014

R. v. B.W. 2014 Edmonton Court of Queen’s Bench

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Client accused of sexual assault. Alleged to have assaulted an ex-girlfriend while she was passed out at a party. Defence of consent was advanced. Held: Acquittal. Complainant’s version of events found to be unlikely. Accused was believed, and defence called further evidence showing motive on the part of the complainant to fabricate.

February 17th, 2017

R v Wagar, 2017 ABPC 17 per LeGrandeur, PCJ

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Re-trial on sexual assault charge. Accused and complainant engaged in sexual activity in a bathroom during a party. Issue regarding consent. Held: Acquitted. Accused’s testimony raised a reasonable doubt. Complainant’s testimony not accepted. “Despite the fact that the absence of consent is purely subjective, it is open to the accused to claim that the complainant’s … Read More.

November 23rd, 2016

R v TR, 2016 ABCA 355 per Paperny, Rowbotham, Martin, JA – T. Judge: Kvill, PCJ:

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Appeal from conviction on sexual assault charge. Accused was 14, while the complainant was 15. The two young people had met, held hands and kissed. The incident ended with the complainant performing what she testified was forced fellatio after having said “no” a number of times. Accused testified that the fellatio was with consent. Held: … Read More.

September 29th, 2015

R. v. Cunningham, 2015 ABPC 182 per Fraser, PCJ

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Sexual assault trial. Allegation involved fondling of breasts and digital penetration. Accused was an acquaintance of the complainants. Accused did not testify at trial, but relied upon a text from the complainant stating: “If I showed any sexual actions toward you, I didn’t mean to.” Held: Conviction entered. There is no such thing as implied … Read More.