July 27th, 2018
Crown Refused Right To Cross On Previous Inconsistent Statement To Police – R v Chartrand, 2018 Calgary Provincial Court
Crown application under s 9(2) of the Canada Evidence Act (CEA) to cross-examine complainant about previous statements to police. Held: s 9(2) application denied. CLS, 2011 MBQB 12 reviewed the principles regarding s 9(2) CEA applications. The right of cross-examination is not automatic, but refusal to allow it is rare. Voluntariness concerns are relevant but … Read More.
August 11th, 2017
Accused convicted of various offences including aggravated sexual assault. Defence brought a mistrial application, and called a witness (Wilcox), who testified that the complainant had lied. Crown application to call two witnesses in response. These witnesses’ anticipated evidence was that the accused approached them while they were prisoners at the Remand Centre, and asked them … Read More.
February 5th, 2016
Appeal from armed robbery conviction. Trial judge found breaches of the rule in Browne v Dunn, and thereby afforded less weight to the accused’s evidence. Held: Appeal allowed, new trial. Trial judge found that the matters not cross-examined on were insignificant. However, the judge went on to apply the rule. “The trial judge appears to … Read More.
July 17th, 2015
Appeal from conviction on robbery charge following jury trial. Issue regarding trial judge’s jury instruction regarding defence counsel’s failure to comply with Browne v. Dunn. Held: Appeal dismissed. Trial judge instructed the jury that the lack of cross-examination “could affect the weight of the evidence of the accused to the contrary.” This was a fair … Read More.
April 10th, 2015
Appeal from conviction on charges of child pornography. Accused left his non password protected computer at a repair shop. Technician found some child pornography in a music-sharing folder. Issue regarding possession. Held: Appeal allowed, acquittal. The accused is entitled to rely upon an inference or hypothesis leading to an innocent explanation, based upon the lack … Read More.
Drug trafficking trial. Issue as to whether text messages downloaded by police from a cell phone were admissible. “Some of the text messages appeared to indicate comments consistent with the request for the pickup and delivery of something. There was no expertise provided about the meaning of the text messages.” Held: Text messages inadmissible. As … Read More.