January 16th, 2019

No Judicial Stay For 29.5 Hr. Overhold For Bail – R. v. Stout, 2018 Edmonton Provincial Court

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Application by four accused for a stay of proceedings on the basis of Charter breaches resulting from over-holding. Accused were arrested and held in police custody for 29.5 hours before being brought before a JP for a bail hearing. Held: No ss. 7, 9 or 11(e) breaches. Reilly, 2018 ABPC 85 distinguished. “Counsel for the … Read More.

November 17th, 2017

R v EG, 2017 Calgary (Youth) Provincial Court – Trial Delay

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Young person applied for a s. 24(1) Charter stay on the basis of 25 months of pre-charge delay. Allegations of sexual assault were initially made in 2014, but police closed the file without laying charges. In 2016, a different Detective reviewed the file and laid a charge, though there was no new evidence since the … Read More.

June 8th, 2017

R v Tetreault, 2017 Edmonton Court of Queen’s Bench 349 per Renke, J:

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Trial on various drug related offences. 11(b) application. 41.5 month delay from the date of being charged to the conclusion of the trial. Issues regarding whether any periods were “defence delay”, and whether the Crown established “transitional exceptional circumstances.” Held: No s. 11(b) breach. A total of 427 days of delay was found to have … Read More.

April 21st, 2017

R v Piasecki, 2017 ABQB 192 per Germain, J:

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Trial in relation to various drug related offences. While under surveillance, accused was seen to place two garbage bags into bins outside of the townhouse that he was living at. The bins were within an unlocked garage area. Drug residue found in the garbage. Issue regarding alleged s. 8 breach. Held: No s. 8 breach. … Read More.

January 19th, 2017

R v Prince, 2016 ABPC 297 per Pharo, PCJ:

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Impaired trial. Following a traffic stop, police decided to make an ASD demand. As the accused walked to the police vehicle for the test, he was noted to not walk in a straight line (described as a “loop”). Accused was then arrested. Issue regarding whether reasonable grounds existed as required by 254(3) CC. Held: No … Read More.

March 1st, 2016

R v Beauregard, 2016 ABCA 37 per Paperny, Slatter, Schutz, JA – T. Judge: Pentelechuk, PCJ

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Following arrest for robbery, accused asserted his 10(b) rights. Accused taken to the detachment, and placed in phone room. After 5 minutes police observed that accused was no longer on the phone, they entered the room and asked “are you done?” to which accused replied “yes”. Trial judge found a 10(b) breach. Held: Appeal allowed. … Read More.

April 10th, 2015

R. v. Devarajah, 2015 ABQB 199 per Manderscheid, J

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Trial on charges including impaired driving causing death. Accused arrested for impaired simpliciter following a serious motor vehicle accident. Prior to contacting counsel, the accused had not been advised of the potential for more serious charges given the injuries caused. Held: No 10(b) breach. The accused was present at the accident scene and knew that … Read More.