August 26th, 2020


R v Sandhu, 2020 Edmonton Queen’s Bench – Police Service Dog Records & Handler Training Not Subject To Mandatory Disclosure

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First party disclosure application in drug case. Accused’s vehicle was stopped, and a police service dog (PSD) and handler were deployed to search around the exterior for odours. Defence sought training materials provided to the handler, deployment records for the PSD, and occurrence reports for any instances where the PSD was deployed and nothing was … Read More.

March 22nd, 2018


R v Head, 2018 Calgary Court Of Queen’s Bench – Drug Sniffing Dog Performance Records Relevant Disclosure

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Disclosure application. Accused was charged with possession of marijuana for the purposes of trafficking following a dog-sniff search. Issue of whether “C277” operational search documents from all prior investigations involving the same dog should be disclosed. Held: Application allowed in part. Records and tests of specific sniffer dogs are significant as to the reasonableness of … Read More.

November 29th, 2017


R v Amer, 2017 Calgary Court Of Queen’s Bench – Confidential Informants

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  Application for disclosure of technical information relating to police use of Mobile Device Identifiers (MDIs). Crown certified objection to this disclosure on the basis of public interest privilege under to s 37 of the Canada Evidence Act. Basi hearing. Held: Investigative privilege established; disclosure prohibited. Based on a review of the case law, “[i]nvestigative … Read More.

November 17th, 2017


R v The Lake Louise Ski Area Ltd, 2017 – Calgary Provincial Court – Trial Delay

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Ski resort charged with strict liability offences in relation to cutting down endangered pine trees. S. 11(b) application. Defence argued a plea could not be entered until DNA test results regarding species of tree were disclosed. Transitional case. Held: no 11(b) breach.  As per JEK, 2016 ABCA 171, “[w]here an accused asserts a disclosure delay, … Read More.

June 8th, 2017


R v Canfield, 2017 Edmonton Court of Queen’s Bench per Belzil, J:

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Accused charged with child pornography offences. Search at the Canadian border by members of the Canadian Border Services Agency (CBSA). O’Connor application seeking disclosure of “records pertaining to indicators used by CBSA to identify breaches of the Customs Act at border crossings.” Issue regarding a claimed investigative privilege. Held: Application dismissed. A well founded claim … Read More.

April 7th, 2017


R v Gormly, 2017 ABPC 35 per Rosborough, PCJ:

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Trial on a charge of resisting arrest. Following the accused’s arrest, a physical altercation ensued with police at the detachment. The accused was injured, and ultimately hospitalized. One issue was an alleged s. 7 breach arising from the police failure to use audio visual equipment at their disposal. Police did not activate their recording equipment … Read More.

R v Coombs, 2017 ABPC 34 per Fraser, PCJ:

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Impaired driving trial. Alleged s. 7 breach on the basis that the police officer’s lapel mic was not operating when he approached the accused’s truck. Officer testified that he had tested his recording equipment at the commencement of his shift, and everything was working. However, the lapel mics were known to frequently malfunction. Held: No. … Read More.

February 9th, 2017


R v Paulishyn, 2017 ABQB 61 per Yamauchi, J:

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Trial on a charge of possession of marihuana for the purpose of trafficking. Vehicle stop. Drugs ultimately excluded on the basis of ss. 8 and 9 breaches. One issue being the use of the RCMP VICS camera. The camera captured the police interactions with the accused, however, the police intentionally turned off the recording at … Read More.

December 7th, 2016


R v BB, 2016 ABQB 647 per Pentelechuk, J:

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Sexual assault trial. Defence application for a mistrial on the basis of incomplete disclosure / notice regarding two Crown expert witnesses. Defence received late (during trial) disclosure of photographs and a report from a police forensic expert. Further, defence contended that the evidence provided by a medical doctor extended well beyond the scope of the … Read More.

December 1st, 2016


R v B.B., 2016 ABQB 647 per Pentelechuk, J:

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Sexual assault trial. Defence application for a mistrial on the basis of incomplete disclosure / notice regarding two Crown expert witnesses. Defence received late (during trial) disclosure of photographs and a report from a police forensic expert. Further, defence contended that the evidence provided by a medical doctor extended well beyond the scope of the … Read More.