August 4th, 2017

R v Naziel, 2017 Calgary Provincial Court 168 per Semenuk, PCJ:

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Jordan application. Provincial Court trial in relation to numerous charges including thefts of motor vehicles. Complex case with voluminous disclosure (6,980 pages). Total delay was close to 22 months. Delay caused in part by late Crown disclosure. Held: No 11(b) breach. Regarding some late Crown disclosure, in accordance with Dixon, [1998] 1 SCR 244, the … Read More.

March 2nd, 2017

R v Grayson, 2017 ABQB 108 per Wilson, J:

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Jordan application. Unstated charges. Not a complex case. Preliminary inquiry took less than one day. Approximate 36 month delay. The preliminary inquiry was adjourned (causing 8 months of delay) as the primary investigator was unexpectedly hospitalized the night before. The Crown wanted to proceed with the preliminary inquiry, and call the investigator on a later … Read More.

February 9th, 2017

R v Lavoie, 2017 ABQB 66 per Belzil, J:

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Trial on charges including aggravated assault and robbery. Approximate 33 month delay to the expected end of the trial. 7 months of delay caused by time taken by the preliminary inquiry judge, and then the first trial judge, on reserved judgments. Defence argued at the preliminary inquiry that the Crown ought not to be permitted … Read More.

January 12th, 2017

R v Cabrera, 2016 ABQB 707 per Poelman, J:

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Jordan application. Unstated charges involving multiple accused. Accused originally charged in late November of 2013, and were convicted following a jury trial in June of 2016. Direct indictment preferred almost 1 year after the accused were charged. Issue regarding whether the 18 or 30 month ceiling applied to direct indictment cases. Held: No 11(b) breach. … Read More.

January 5th, 2017

R v Abzakh, 2016 ABQB 694 per Gill, J:

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Trial on drug and firearms charges. Jordan application. 63 month delay. Issue being the amount of the delay that was attributable to the defence. One period of delay (171 days) was caused by a change of counsel by the accused which resulted in an adjournment. A second series of delays were caused during the trial … Read More.

August 20th, 2015

R. v. Juneau, 2015 ABPC 179 per Shynkar, PCJ

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Impaired driving trial. Due to an oversight police failed to turn on the in car VICS camera. Therefore, police interactions with the accused at the scene were not recorded. Held: No s. 24 remedy granted. Police failure to turn on the camera was “unacceptably negligent.” However, “I am unable to find that the Charter entitles … Read More.

February 19th, 2015

R. v. Gardner, 2015 ABPC 5 per Macdonald, PCJ:

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Legal agent convicted of obstruction of justice after lying to the Court regarding the whereabouts of his client. Defence sought a stay of proceedings on the basis of an alleged abuse of process. Crown initially told the accused that he was not “going to do anything about” his lie to the court, however, later an … Read More.

January 16th, 2015

R. v. Hashi Sabrie, 2015 ABPC 1 per Valgardson, PCJ

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Impaired driving trial. Askov application. Total delay from charge to sentencing was 19 months. A 3 day trial commenced within 9 months of the charges being laid. Further delays then resulted from the accused being in custody on other matters, and the request by defence for a PSR. Held: No 11(b) breach. “The progress of … Read More.