January 28th, 2019

Adjournment denied for s. 276 application does not affect fairness to trial conviction – R. v Kulasingam, 2019 Alberta Court Of Appeal

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Defence appeal from dismissal of summary conviction appeal. Accused was convicted of sexual assault and unlawful confinement. Issue on appeal of whether “the trial judge’s refusal to grant an adjournment to allow the appellant’s trial counsel to correct his procedural error [failure to bring a s. 276 application] resulted in an unfair trial”, or the … Read More.

December 29th, 2017

R v Colling, 2017 Court Of Appeal (Calgary) – Judge’ Bias Allegation Dismissed

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Appeal from sexual assault conviction. Issue on appeal of whether numerous interventions by the trial judge resulted in an unfair trial or apprehension of bias. Trial judge’s interjections during testimony included taking “judicial notice of what is required to remove one’s pants” at a critical point in cross-examination of complainant regarding whether she had cooperated … Read More.

March 1st, 2016

R v Arens, 2016 ABCA 20 per Berger, Martin, Veldhuis, JA – T. Judge: Sisson, J:

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Conviction appeal on impaired and dangerous driving charges. “Issue in this appeal is whether there was a miscarriage of justice as a result of a lack of procedural fairness related to Charter rulings in a voir dire subsequently reversed in the course of the trial judge’s reasons for conviction.” Trial judge reversed his finding regarding … Read More.

July 17th, 2015

R. v. Crawford, 2015 ABCA 175 per Martin, McDonald, Wakeling, JA – Trial Judge: Daniel, PCJ

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Appeal from conviction on charges including being a party to robbery. Issue as to whether the interventions of the trial judge resulted in an unfair trial. Trial judge intervened a number of times in the questioning of witnesses (including the accused). Held: Appeal allowed. New trial. “The trial judge did enter into the fray and, … Read More.

March 6th, 2015

R. v. Idris, 2015 ABCA 91 per Brown JA

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Application for a Certificate of Importance to allow for an appeal from a Traffic Court conviction for unsafe travel through a crosswalk. Unrepresented accused whose efforts at trial were often interrupted by the judge. Held: Application granted. At least arguable that “the applicant’s ability to test the credibility of the police officer was seriously hampered … Read More.

February 26th, 2015

R. v. Campbell, 2015 ABCA 70 per Watson, Rowbotham, Wakeling, JA, T. Judge: Gates, J.

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Appeal from conviction on charges including robbery. Accused was unrepresented at trial. Issue on appeal being whether accused’s fair trial rights were violated. Held: Appeal dismissed. Trial judge questioned the accused regarding his applications for Legal Aid, ensured that the accused had received disclosure, and provided instructions to the accused regarding the conduct of the … Read More.

January 16th, 2015

R. v. Schmaltz, 2015 ABCA 4 per Paperny, Wakeling, Brown, JA, T. Judge: Greaves, PCJ

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Appeal from sexual assault conviction. Issue as to whether the trial judge “struck an appropriate balance between allowing the appellant to present his defence … while also acknowledging his role to protect the complainant … from being subjected to … questions based upon discredited rape myths.” Held: Appeal allowed, new trial. Numerous interjections by trial … Read More.