August 26th, 2020
R v Gomez, 2020 Edmonton Queen’s Bench – Right To Counsel Violated When Strip Search Conducted Prior To Permitting Right
Drug trial. Defence made multiple Charter claims, challenging grounds for arrest, a search warrant, and a strip search; conduct of the strip search; and delay in opportunity to contact counsel. Regarding 10(b), accused when arrested did not request to speak to counsel. Once at station and advised that a strip search would occur, he requested … Read More.
July 20th, 2017
Sexual assault trial. Strip search and penile swab conducted resulting in DNA evidence. Trial judge previously found breach of s 8 given that one extra officer was present during the swab, that the accused was completely undressed at one time, and that the police failed to keep a full record of the search. Issue regarding … Read More.
April 13th, 2017
Accused, with an unrelated record, pleaded guilty to trafficking in $120 of cocaine. Positive pre-sentence report. Crown sought 12 months jail. ” Mr. Brown argues that police action shortly after his arrest, in which he was strip searched and the strip search was videotaped, entitles him to a reduction of sentence.” Defence sought a 90 … Read More.