March 22nd, 2018
R v Felix, 2018 Ft. McMurray Court Of Queen’s Bench – Trafficking Charge Trial Delay Not Unreasonable
Accused charged with 15 counts of trafficking and conspiracy to traffic in cocaine and fentanyl. After preliminary inquiry, he was ordered to stand trial on all counts, plus additional count sought by Crown under CC s 467.13. More than a year after the original 15-count Information had been laid, Crown gave notice that it might … Read More.
August 18th, 2017
Accused convicted of offences including aggravated sexual assault. Post-conviction application for a mistrial. Defence had discovered a witness, who if capable of belief, might of cast doubt on the complainant’s version of events. Held: Application dismissed. Test regarding the mistrial application informed by the general rules followed on an application to adduce fresh evidence on … Read More.
March 21st, 2017
Application for bail pending appeal following sexual assault conviction. Sexual assault occurred while accused was working as a taxi driver, and the complainant was an intoxicated fare. Issue regarding the public interest test. 4 year sentence. Held: Bail denied. Although the appeal was not frivolous, it was not strong. On the facts found at trial, … Read More.
November 23rd, 2016
Application for bail pending appeal following conviction for second degree murder. Accused convicted at trial on the basis of eye-witness evidence, as well as other circumstantial evidence. Held: Application denied. Accused established that the appeal was not frivolous, and that he would surrender himself into custody. However, detention necessary in the public interest. “The presumption … Read More.