November 9th, 2016

R v Fauolo, 2016 ABPC 192 per Semenuk, PCJ:

Law Updates Tags: , , ,

Impaired driving trial. One issue at trial was the Crown’s alleged non-disclosure of the in-car police video recording. Police officer did not recall activating the camera during his investigation of the accused. Held: No s. 7 breach. No evidence that the video requested ever existed. Further, as per McCoy, 2016 ABQB 240: “since the Crown … Read More.

July 17th, 2015

R. v. Vallentgoed, 2015 ABCA 202 per Wakeling, JA

Law Updates Tags: , ,

Crown application for leave to appeal from decisions requiring the disclosure of maintenance records for approved breath testing instruments. Held: Leave granted. Issue not fully answered by St-Onge Lamoureux [2012] 3 SCR 187, as “it would not be expected that the Supreme Court would modify a carefully constructed disclosure regime in a case that did … Read More.

July 15th, 2015

R. v. Vallentgoed, 2015 ABQB 206

Law Updates Tags: , , ,

Impaired driving appeal. At trial, Crown refused to disclose maintenance logs of approved breath instruments. Held: Appeal allowed, disclosure ordered. Kilpatrick 2013 ABQB 5, Proctor 2015 ABQB 97 et. al. followed. The maintenance logs are first party records, and the Crown’s failure to disclose impairs the accused’s right to make full answer and defence. “There … Read More.

February 26th, 2015

R. v. Sinclair, 2015 ABQB 113 per McIntyre, J

Law Updates Tags: , ,

Crown appeal from a judicial stay granted after Crown had not disclosed maintenance logs for approved breath instruments. Held: Appeal dismissed. Crown argument that an evidentiary hearing is required when this form of disclosure is requested, rejected. In St-Onge Lamoureux, 2013 SCC 57, “the Supreme Court has decided that maintenance logs for approved instruments are … Read More.

February 19th, 2015

R. v. Proctor, 2015 ABQB 97 per Graesser, J

Law Updates Tags: , ,

Appeal from conviction on over .08 charge. Crown refused to provide breathalyzer maintenance logs, arguing that the law in Alberta was not settled, and that Kilpatrick, 2013 ABQB 5 was not binding. Held: Appeal allowed, stay entered. Kilpatrick is binding in Provincial Court. “At some stage, Kilpatrick may be determined to be wrongly decided. Or … Read More.

R. v. Woods, 2015 ABPC 23 per Lepp, PCJ

Law Updates Tags: , ,

Accused charged with sexual assault. On the basis of an assertion that the complainant was a prostitute and drug user, the defence sought disclosure of RCMP and EPS files “relevant to her credibility”, and that the “Crown ask the police to obtain further information about her drug use”. Held: Application denied. Mills regime not engaged, … Read More.