Weekly criminal law update – August 10, 2022

I continue to look for work, given that Legal Aid Alberta continues to unreasonably refuse to work with me. My strengths are in written, oral and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca.

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  1. Check out my recent blog posts: Open Letter to Justice Minister Shandro RE: Legal Aid Alberta Funding – Moldofsky Law, Ghomeshi, Guilt and Gullibility – Moldofsky Law, Innocence is not a myth – Shakespeare, wrongful convictions and R v BEM, 2022 ABCA 207 – Moldofsky Law, and The train wreck that is Legal Aid Alberta – Moldofsky Law.
  2. Leave granted in R. v. Kruk, 2022 BCCA 18 for Crown appeal (SCC file).
  3. Appeal of a first-degree murder conviction successful: insufficient evidence for the judge to put that charge to the jury (presumably second degree would have been fine) – para. 69. Also, a finding of ineffective assistance of trial counsel for calling an expert who apparently put prejudicial evidence in his report (para. 218): R. v. Ally, 2022 ONCA 558
  4. Courageous and proper SA acquittal on the facts by Clackson J. in R v JPB, 2022 ABQB 523.
  5. A proposed surety need not reside in Ontario or have property in Ontario to be acceptable as contrary authority not followed. (R. v. S.T. 2022 ONCA 443 – QuickLaw/Google). H/T Alan Gold.
  6. Also noted in Alan Gold’s QuickLaw NetLetter recently, bail is revoked following conviction, analogizing bail pending appeal: R. v. AMB, 2022 NSSC 203. Rosinski J. at para. 14: “however, in my opinion, for offences where significant terms of imprisonment are a realistic prospect, I would expect that it will be only exceptionally the case that […] curtailment of an offenders’ liberty would not be appropriate.” Not a good precedent, and not necessarily accurate, either.
  7. On an appeal with Alan Gold’s name on it (can you tell that I’m a fan?), a conviction for criminal negligence causing death (but not for failing to provide necessaries of life) is overturned, with an acquittal substituted. A police officer is charged with failing to provide medical care to the victim who was dealing with an overdose – the officer claimed to not be aware of the extent of the danger: R. v. Doering, 2022 ONCA 559.
  8. Gun seized from Edmonton Police officer’s home closet (it was not supposed to be there). The officer’s wife consent for police to search the closet was insufficient, and the warrantless search was invalid (para. 15). However, it was allowed, pursuant to 117.02(1) of the Criminal Code. Further, there was an acquittal on the assault charge, as (para. 32, R v Robinz, 2022 ABPC 159):

    Ms. Miller was less than candid about her drinking problem. She did admit in cross-examination that she is a heavy drinker but stopped short of admitting that she is an alcoholic. A particular example of her lack of candor was her assertion that she had had but one glass of wine before going to see Cst. Turcot, despite that officer’s evidence that she was intoxicated and had slurred speech. Against that background, the Defendant’s allegation that she was drunk when the alleged assault occurred must not be summarily dismissed.  It was equally concerning that she admitted on cross-examination, when confronted with her statement to the police, that she could have grabbed him that night and that it was possible that she did pursue him. At one point she said, “I don’t remember what I did.”

  9. Ryan Clements’ July roundup here.
  10. Legal Aid Alberta lawyers stage work stoppage to protest underfunding | CTV News, Professor Scores Legal Win in Holding Prosecutors Accountable – News @ Northeastern, Not Wearing a Condom Can Now Be a Form of ‘Sexual Violence’ (thelighthouseproject.ca), I spent 14 years in solitary confinement. Here’s why we should end the practice. | Opinion (inquirer.com), My friend Clayton Ruby was one of the good few: Leah McLaren | The Star.
  11. Pro-Death Penalty Legislators Demand Hearing on Richard Glossip’s Execution (newsweek.com), Inmate abuse claims at a St. Louis jail are horrific, but not unique (grid.news), Mothers of the Accused – by Sean Bw Parker (substack.com), Prison Money Diaries: What People Really Make (and Spend) Behind Bars | The Marshall Project, Two wrongful-arrest cases show suspicion is not enough in our system of justice – Iowa Capital Dispatch, Warning graphic content: Video released in Hamilton police gas station assault | TheSpec.com, From the schoolyard to the bench: Bullying in legal profession – The Lawyer’s Daily (thelawyersdaily.ca).

Published by Efrayim Moldofsky

I am a criminal defence lawyer in Calgary, Alberta.

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