February 13th, 2020

Direct Indictment On Murder Charge Discharged At Preliminary Not Abuse – R v Srianandan 2019 Calgary Queen’s Bench

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Accused charged with 2 counts of second degree murder was discharged for those offences after preliminary hearing, but committed on 2 counts of manslaughter. At the first arraignment date, Crown presented a direct indictment alleging the second degree murder charges. Defence challenged the direct indictment based on abuse of process, citing breaches of Charter ss … Read More.

January 16th, 2019

Re-Election As To Mode Of Trial After Direct Indictment Available Without Crown Consent – R. v. Conway-McDowall, 2019 Edmonton Queen’s Bench

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Accused was charged with sexual assault and interference. Crown preferred a direct indictment, which resulted in a deemed jury election under s. 565(1) CC. Later, accused served notice of re-election to judge alone. Crown argued re-election was not possible as s. 561(2) CC applied; thus defence could only re-elect as of right at least 14 … Read More.

November 23rd, 2017

R v Nasery, 2017 Court Of Appeal (Edmonton) – Abuse Of Process, Direct Indictment

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Crown preferred a direct indictment shortly after accused re-elected to have a preliminary inquiry. Defence application for disclosure of communications between Crown and Deputy Minister regarding the approval of direct indictment, to support s 7 abuse of process argument. Crown claimed privilege. Held: Application dismissed. As per Ahmad, 2008 CanLII 27470 (ON SC), a bare … Read More.

January 12th, 2017

R v Cabrera, 2016 ABQB 707 per Poelman, J:

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Jordan application. Unstated charges involving multiple accused. Accused originally charged in late November of 2013, and were convicted following a jury trial in June of 2016. Direct indictment preferred almost 1 year after the accused were charged. Issue regarding whether the 18 or 30 month ceiling applied to direct indictment cases. Held: No 11(b) breach. … Read More.