R v Vallentgoed (ABCA): Crown not required to disclose Intoxilyzer maintenance records

By | 16/11/2016|

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

By | 03/10/2016|

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

By | 15/01/2016|

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 [...]

R v Bulldog (ABCA): Admissibility of video recordings

By | 01/10/2015|

In R v Bulldog, 2015 ABCA 251, the Alberta Court of Appeal provided useful guidance on the evidence necessary to introduce video recordings at trial. The court's reasoning can likely be applied to other pieces of demonstrative evidence, such as audio recordings and photographs. The case concerned an inmate-on-inmate assault which had occurred in an [...]