R v Barbour (ABCA): Defence must show due diligence in communicating disclosure problems
The appellant had been convicted of fraud, arising from a number of mortgage transactions. Relatives of the appellant had applied and been granted a number of mortgages, based upon false information.The trial judge had concluded that the appellant knowingly provided this false information relating to her relatives' mortgage applications to [...]
R v Vallentgoed (ABCA): Crown not required to disclose Intoxilyzer maintenance records
The Criminal Code contains evidentiary presumptions relating to the accuracy of evidentiary breath tests. The only path to defend against this presumption is for the accused to raise a reasonable doubt on the issues of whether the instrument was malfunctioning or whether it was operated improperly. The materials which an [...]
R v Hajar (ABCA): Starting point sentence for “major” sexual interference
In 2008, Canada's Parliament increased the age of sexual consent from 14 years of age to 16 years of age (with a close-in-age exception that allows for non-criminal sexual contact between children and by children with adults who are similar to their age). This change resulted in widely varying sentences for [...]
R v Canto (ABCA): Leave to seek retroactive application of Summers decision on pre-trial custody credit denied
In 2009, s. 719(3) of the Criminal Code was amended to state that credit for time spent in pre-trial custody would be capped at a presumptive maximum of 1 day, per day of pre-trial custody. However, under s. 719(3.1), a sentencing court could grant 1.5 days for every day in custody [...]