April 13th, 2018

R v Johannesson, 2018 Edmonton Court Of Queen’s Bench – Defence Gets Costs From Crown By Forcing Defence Counsel To Take Action

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Application for costs against the Crown by accused’s trial counsel. Following acquittal at trial, Crown brought a summary conviction appeal. Crown attempted to serve trial counsel with the Notice of Appeal, who refused service as she was no longer retained. Crown brought ex-parte order for substitutional service, which led to a hearing to set aside … Read More.

May 12th, 2017

R v Laczo, 2017 ABCA 142 per Schutz, JA:

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Application for bail pending appeal from an aggravated assault conviction. Accused previously denied bail pending. Argument that the recent decision in Oland, 2017 SCC 17 warranted reconsideration of the bail denial. Change in circumstance as well, as the accused’s girlfriend had relocated to British Columbia. Held: Application dismissed. “In my view, public interest remains of … Read More.

July 17th, 2015

R. v. Malley, 2015 ABCA 213 per Cote, JA

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Bail pending appeal application following murder conviction. Bombing death. Issue regarding proper meaning of “public interest” as found in s. 679(3)(c) CC. Held: Bail denied. “Public feelings” regarding the potential granting of bail can be a relevant consideration. “If left undefined and vague, following public feelings would trouble me … But if the test is … Read More.