June 1st, 2018

Domestic Assault Stayed For Bail Delay Over 24 Hours – R v Reilly, 2018 Edmonton Provincial Court

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Application for stay of proceedings on the basis of Charter violations resulting from over-holding. Accused was arrested on domestic violence related charges and held in police custody for 36 hours before a bail hearing, at which he was ultimately granted release. Crown conceded ss 7, 9, and 11(e) violations. Issue of whether breaches warranted judicial … Read More.

Murder Stayed For Trial Delay – R v Chan, 2018 Calgary Queen’s Bench

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Section 11(b) application. In 2013, accused was charged with murder, criminal organization and conspiracy offences arising from a 2008 gang shooting. Matter was case-managed in tandem with a parallel prosecution on another indictment. Crown conceded delay clearly exceeded the Jordan ceiling. Issue of whether delay was justified as a complex case or on basis of … Read More.

October 27th, 2017

R v McDonald, 2017 Edmonton Provincial Court – Drug Trafficking

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Accused pleaded guilty to trafficking in methamphetamine. Drugs were sold to an undercover officer working as part of “Operation Derailment”. Accused sought a s 24(1) stay on the basis of entrapment. Held: Stay granted. “I find the main purpose of Operation Derailment was to respond to the prevalence of violent crimes … it was the … Read More.