March 16th, 2020
R v Russel 2020 Alberta Court Of Appeal – Exclusion Of Evidence Unnecessary/Charter Breach Not Policy Driven
Appeal from conviction. After arrest, police delayed access to counsel until a search warrant for his residence had been obtained and the search started. Various illicit items found in residence. Held: Appeal dismissed. Crown conceded 10(b) breach on appeal. However, for 24(2), Court found exclusion was not justified. “Without needing to fully canvass the issue … Read More.
November 16th, 2016
Client charged with drug trafficking and possession for the purposes. Police get a tip that two individuals are going to be transporting drugs from FM to Saskatchewan. Based on this limited information police purport to locate the accused at the airport as he waited to board a flight, detain and search him, whereupon drugs are … Read More.
August 20th, 2015
Accused charged with impaired driving, blowing over. 08, and possession of marihuana. Vehicle stopped by police due to an alleged amber light violation. Police claimed to smell marihuana in the vehicle (although only a small amount of the drug was later found in a sealed glass jar). Because of the alleged smell, the accused was … Read More.