September 20th, 2019


Police Mistakenly Publish Youth’s Name In Child Porn Charge, Charge Stayed As Result – R v BM, 2019 Edmonton Youth Court

Law Updates Tags: , , ,

Accused pleaded guilty to offences under ss 163.1(4) and 172.2(1)(a) CC. He was 17 on the offence date and at the time of arrest. Complainant worked for a modelling agency and Accused posed as a staff member of the agency via email in order to seek nude photos of the Complainant. After his arrest, the … Read More.

October 31st, 2016


R. v. K. C. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , ,

Impaired file.   Failed the Roadside screening breath test, was arrested and provided two breath samples at the police station.  The lowest readings was 110  mg/%.  Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in respect of the breathalyzer machine was not provided by the Crown.  Notice … Read More.

R. v. P.R. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , , ,

Impaired driving (DUI) file.  Client failed roadside screening breath test, was arrested and provided two breath samples at the police station.  The lowest readings was 130 mg%.  Officer was driving the client home and became concerned about his mental health.  As a result, he returned with client to the police station and lodged him in cells until the … Read More.

September 27th, 2016


R. v. C. D. 2016 Edmonton Queen’s Bench

Firm Cases Tags: , , ,

Client charged with numerous drug and weapons offences as a result of police entry into her residence. Upon entering the residence the officers noted marijuana in “plain view”.  Client was arrested, a search warrant was obtained, and other drugs and weapons were located.  Charter notice was filed  alleging unlawful entry on the part of the … Read More.

May 26th, 2016


R. v. W.S. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , , ,

Client stopped at check stop. Failed the Roadside screening breath test.  Arrested and provided two breath samples at the police station.  Lowest reading was 100 mg/%.  Charged with impaired driving and driving while over the legal limit.  Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.

May 24th, 2016


R. v. S.F. 2016 Boyle Provincial Court

Firm Cases Tags: , , ,

Client stopped at check stop. Failed the Roadside screening breath test.  Arrested and provided two breath samples at the police station.  Lowest reading was 100 mg/%.  Charged with impaired driving and driving while over the legal limit.  Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.

May 11th, 2016


R. v. S.H. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , , ,

Client stopped at by police while leaving a drinking establishment. Failed the Roadside screening breath test.  Arrested and provided two breath samples at the police station.  Lowest reading was 100 mg/%.  Charged with impaired driving and driving while over the legal limit.  Charter notice filed alleging a violation of the right to full disclosure as … Read More.

November 16th, 2016


R v Girou, 2016 ABQB 607 per Thomas, J:

Law Updates Tags: , ,

Trial on sexual assault charge. Unexplained loss by RCMP of the audio statement provided by the complainant. Police took an initial statement while the complainant was “quite intoxicated” and very emotional. Later, a detailed recorded statement was taken. This second statement was lost. Held: Section 7 breach. Stay. Test set out in Svekla, 2010 ABCA … Read More.

February 12th, 2016


R v Vader, 2016 ABQB 55 per Thomas, J:

Law Updates Tags: , ,

Stay application based upon alleged abuse of process and delay. Murder charges. Long history of delayed and inadequate disclosure by the police. Charges stayed by the Crown on the eve of trial, given that the Crown was not satisfied with the “integrity of the disclosure process,” and concern had arising regarding fair trial rights. Charges … Read More.

December 7th, 2015


R v Jeyte, 2015 ABPC 232 per Van Harten, PCJ

Law Updates Tags: , , ,

Co-accused charged with break and enter. 25 month delay prior to trial. First trial date adjourned due to late disclosure of a witness statement. On the eve of the second trial date the Crown disclosed 700 pages of cell records and surveillance reports. Held: Stay of Proceedings. Actual prejudice found in relation to one of … Read More.