July 12th, 2017

R v Oshvalda, 2017 Alberta Court of Appeal (Edmonton) per Greckol, JA:

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Application for bail pending appeal following a judge alone conviction for second degree murder. “Much like the appellant in R v Oland, 2017 SCC 17 … there is no question the appellant meets the first two criteria for bail pending appeal set out in s 679(3) of the Criminal Code … At issue is whether … Read More.

July 4th, 2017

R v Guenther, 2017 ABCA 205 per Berger, Veldhuis, Strekaf, JA – T. Judge: Macleod, J:

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Appeal from conviction on first degree murder charge. Trial judge found that first degree murder was established under s. 231(5)(e) CC: “while committing … forcible confinement”. Accused confessed to choking the deceased, tying her legs together, and trying to put a bag over her head. Held: Appeal dismissed. As per Pritchard [2008] 3 SCR 195, … Read More.

May 30th, 2017

R v Shyback, 2017 ABQB 332 per Nation, J:

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Murder trial. Deceased originally approached the accused in a threatening fashion with a knife. Accused got on top of her, and choked her to death. Accused then engaged in an elaborate coverup, including cementing the deceased’s body into a corner in the basement, and sending fake texts and emails. Self-defence advanced. Held: Convicted of manslaughter. … Read More.

April 21st, 2017

R v Lafleche, 2017 ABCA 104 per Slatter, Schutz, Crighton, JA:

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Second degree murder charge. Aboriginal accused with no record alleged to have caused the death of her child. Queen’s Bench judge originally denied release on the tertiary ground. Application to review the denial of bail. Held: Bail granted. “The offence is undeniably grave; however, there are questions raised from the interviews with the children, the … Read More.

March 21st, 2017

R v Madood, 2017 ABCA 78 per Paperny, Slatter, Schutz, JA – T. Judge: Hillier, J:

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Murder trial. Accused stabbed a homeless man as he slept on a park bench. NCR defence advanced on the basis of mental disorder automatism. Trial judge rejected the NCR defence, finding various problems in the foundation of the defence expert’s evidence. Accused was convicted of manslaughter. Held: Appeal dismissed. Defence failed to prove mental disorder … Read More.

R v Lafleche, 2017 ABCA 72 per Crighton, J:

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Second degree murder charge. Accused was denied bail in the Court of Queen’s Bench. Application pursuant to s. 680 CC for a review of the denial of bail by a panel of the Court of Appeal. Held: Application granted. The test for leave is low, requiring either “arguable merit” or “some hope or prospect of … Read More.

November 23rd, 2016

R v Rajbhandari, 2016 ABCA 357 per O’Ferrall, JA:

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Application for bail pending appeal following conviction for second degree murder. Accused convicted at trial on the basis of eye-witness evidence, as well as other circumstantial evidence. Held: Application denied. Accused established that the appeal was not frivolous, and that he would surrender himself into custody. However, detention necessary in the public interest. “The presumption … Read More.

October 27th, 2016

R v Regan, 2016 ABQB 561 per Hillier, J:

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Accused charged with first degree murder. 62 month delay from the alleged incident to trial. Prison death. Direct Indictment filed by the Crown two years after the date of the killing. Accused had discharged two lawyers. Some complexity arose from O’Connor application for prison records. Held: 11(b) breach. Stay entered. “The Supreme Court’s application of … Read More.

February 12th, 2016

R v TS, 2016 ABQB 35 per Michalyshyn, J:

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17 year old pleaded guilty to second degree murder. Killing of a youth group home worker. Victim’s throat slit with a butcher knife. Accused was 22 at the time of sentencing, and was diagnosed as having an anti-social personality disorder. Held: Adult sentence imposed. “It is the Crown’s burden to show that [the young person] … Read More.

R v Vader, 2016 ABQB 55 per Thomas, J:

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Stay application based upon alleged abuse of process and delay. Murder charges. Long history of delayed and inadequate disclosure by the police. Charges stayed by the Crown on the eve of trial, given that the Crown was not satisfied with the “integrity of the disclosure process,” and concern had arising regarding fair trial rights. Charges … Read More.