November 15th, 2018

Self-Interested Letter From Co-Accused Not Admissible For It’s Truth – R. v. Cuthill, 2018 Alberta Court Of Appeal

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Three co-accused appealed first-degree murder convictions. Issue on Tim Rempel’s appeal was whether the trial judge should have admitted a letter authored by the co-accused as an exception to the hearsay rule. Held: Appeal dismissed. Letter did not fall under traditional exception: “[t]he thrust of the letter is not an admission against penal interest, but … Read More.

July 27th, 2018

Contemporaneous Statements Admitted As Corroborative Evidence – R v Demedeiros, 2018 Alberta Court Of Appeal

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Appeal from conviction of sexual assault and unlawful confinement. Complainant’s credibility and reliability were central issues at trial. On appeal, issue was whether the trial judge improperly used res gestae statements (a 911 call and a statement made by the complainant to a neighbour after jumping out a window) as confirmatory evidence. Held: Appeal dismissed. … Read More.

June 8th, 2018

Hearsay Admitted As Necessity Due To Recanting Witness – R v Dhillon, 2018 Edmonton Queen’s Bench

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Voir dire in which Crown applied to admit prior inconsistent statement of an eyewitness to a homicide. Crown submitted the eyewitness was a “recanting witness who has not told the truth but did so on the prior occasion.” Witness recanted on the stand after an earlier statement to police that he observed the shooting. Witness … Read More.

October 12th, 2017

R v Blyan, 2017 Alberta (Edmonton) Court Of Appeal per Berger, Wakeling, Strekaf, JA – T. Judge: Valgardson, PCJ:

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Appeal from conviction on charges of possession of drugs for the purpose of trafficking. During arrest, the accused’s cell phone rang, and a drug order was made using street jargon (“hookup”). Issue as to whether trial judge erred in relying in part on the content of the telephone calls. Held: Appeal dismissed. Trial judge properly … Read More.

July 17th, 2015

R. v. Campeau, 2015 ABCA 210 per Cote, Watson, O’Ferrall, JA – Trial Judge: Macleod, J

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Appeal from manslaughter conviction. Mr. Big operation. Trial judge admitted into evidence a videotaped statement made by a co-accused implicating the accused. Held: Appeal dismissed. Necessity and threshold reliability established. “The essential question … is whether it was adjudicatively unfair to introduce the evidence … it is important to bear in mind that the appellant … Read More.

February 3rd, 2015

R. v. Napope, 2015 ABCA 27 per Bielby, O’Ferrall, Brown JA, T. Judge: Gates, J

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Appeal from conviction on a charge of sexual touching. Issue as to whether trial judge erred in accepting into evidence the complainant’s videotaped statement to police, and her preliminary inquiry testimony. Complainant largely recanted at trial. Held: Appeal dismissed. “There is no list or pigeonholed description of the type of situation that must exist to … Read More.