January 14th, 2016

R. v. S.V. 2015 Alberta Court of Appeal

Firm Cases Tags: , ,

Conviction appeal on drug trafficking charge. 3 year delay prior to trial. Delay primarily due to: Crown decision to prosecute 7 accused together, Crown delay in providing full disclosure, and an adjournment given the Crown’s decision to travel to attend a funeral. Trial judge also found no s. 9 breach in the police failure to … Read More.

January 5th, 2017

R v Chen, 2016 ABQB 644 per Michalyshyn. J:

Law Updates Tags: , , ,

Sexual assault trial. Alleged assault occurred during an after grad party. Complainant was intoxicated, and testified that she said “no” multiple times. Accused testified that the sexual activity was consensual. Held: Acquitted. As per Ewanchuk, the Court is required to weigh all of the evidence at trial in determining the subjective state of mind of … Read More.