August 26th, 2020

Right To Counsel Violated When Strip Search Conducted Prior To Permitting Right -mR v Gomez, 2020 Edmonton Queen’s Bench

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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

R v Cortes Rivera, 2017 Edmonton Queen’s Bench per Goss, J:

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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

R v Brown, 2017 ABQB 191 per Veit, J:

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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.