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 [...]

R v Paris (ABCA): Lengthy warrant execution window to maximize chance of drug seizure did not make the warrant “anticipatory”

By | 04/02/2015|

A search warrant for a residence was granted under the Controlled Drugs and Substances Act ("CDSA"), section 11. The warrant was to search for cocaine, money, weigh scales and other drug trafficking paraphernalia. The warrant permitted execution over a 48-hour period. In the information to obtain ("ITO") sworn in support of [...]

R v Gibson (ABCA): Two year sentence for impaired driving causing death was inadequate

By | 03/02/2015|

In this case, the Court of Appeal upheld the decision of a sentencing judge to reject a joint submission for a two year sentence for an accused convicted of impaired driving causing death and upheld the sentence imposed of two years and eight months; noting, however, that a sentence of [...]