Cases

R. v. T.R. - Court of Queen’s Bench of Alberta

Charge of sexual assault and choking involving witness credibility and search of cell phone data and collateral fact evidence. Reported decision and not guilty verdict.

R. v. Guenther - Court of Queen’s Bench of Alberta

Possession for trafficking drugs owned by other found in purse carried by client. Court found Crown could not prove guilt of drugs in purse nor in a jointly shared apartment.

R. v. G.W. - Court of Queen’s Bench of Alberta, Jury trial

Jury acquittal of individual in date rape case involving expert evidence on autism and how the Jury can use this in determining innocence.

R. v. Bealieu - Court of Queen’s Bench of Alberta

Murder charged involving a drug deal. The co-accused turned informant received a longer sentence than our client even after pleading out early.

R. v. Baccari - Court of Queen’s Bench of Alberta

Successful self defence in shooting death of violent attacker.

R. v. Hehr - Provincial Court of Alberta

Discharged at the Preliminary Inquiry on a charge of murder. The Court held the Crown has not provided any evidence or proof that Mr. Hehr was responsible for the death.

R. v. Sandhu et al - Court of Queen’s Bench of Alberta

The leading Alberta case on search warrants and use of hallway cameras installed by Police and standing or the right to argue Charter Rights were breached by police.

R. v. Radita - Court of Queen’s Bench of Alberta

Widely covered case involving death of diabetic child. Court ruling on failing to provide the required care to child. Andrea Serink represented the co-accused.

R. v. Garland - Court of Queen’s Bench of Alberta, Jury trial

A triple homicide involving forensic evidence as well as search and seizure that dominated the media. Kim Ross was lead counsel.

R. v. Coward - Court of Queen’s Bench of Alberta

Originally charged as first-degree murder of a child during a bitter custody battle, ended with a plea to second degree murder.

R. v. Crowchild - Court of Queen’s Bench of Alberta

The second and third murder trial after two successful appeals to the Court of Appeal. This case involved the death of a john.

R. v. Rempel - Court of Queen's Bench of Alberta

The media famous kidnapping and murder by an ex-spouse and her husband and brother-in-law over custody and access to the child of the previous relationship.

R. v. Kirk (2013) - Provincial Court / (2014) Court of Queen’s Bench of Alberta / (2014) Court of Appeal / (2015) Alberta Securities Commission

Reported decision on the constitutionality of Securities Act sections and the prosecution by the Security Exchange Commission into the market manipulation and microcap fraud.

R. v. M.B. - Court of Queen’s Bench of Alberta

As co-counsel with Andrea Serink, this is an infanticide case; client was found not guilty of murdering her two infants. Crown appeals to the Court of Appeal and the Supreme Court of Canada were dismissed; this is the leading decision on the rarely used homicide offence of infanticide.

R. v. Smart - Court of Queen’s Bench of Alberta

Importation of cocaine. RCMP granted entry warrant but Court found search of residence illegal as it was outside what they were permitted to be looking for as indicated by the warrant. The Court of Appeal dismissed the Crown’s attempt to appeal because of delay.

R. v. Dhillon - Court of Queen’s Bench of Alberta

Frequently quoted manslaughter case involving multiple victims.

R. v. Paxton - Court of Queen’s Bench of Alberta

One of the most reported Dangerous Offender cases. A marathon trial spanning months of testimony and argument. Andrea Serink was co-counsel throughout this case with Michael Bates as special counsel.

R. v. Innes - Provincial Court of Alberta

Importing cocaine and a community-based sentence upheld by the Court of Appeal

R. v. Lafrance - Court of Queen’s Bench of Alberta, Jury trial

A key spousal abuse case involving expert testimony on Battered Wife Syndrome and historic abuse by the deceased.

R. v. Wolfleg - Court of Queen’s Bench of Alberta

Dangerous Offender, extensive psychological expert evidence and corrections evidence.

R. v. Kang-Brown - Supreme Court of Canada

The leading case on search and seizure involving police dogs sniffing out drug couriers.

R. v. Ehrich - Provincial Court of Alberta

Self defence in a bar fight involving off duty police officer.

R. v. Kim - Court of Queen’s Bench of Alberta

The CIBC Bank robbery in Banff described as one which was of the “highest degree of planning and sophistication” resulted in a six- and one-half year sentence.

R. v. Dewitt - Court of Queen’s Bench of Alberta

The notorious Applewood Arson case lasted 7 weeks. This client was acquitted.

R. v. Thibert - Court of Queen’s Bench of Alberta

Sentence case on domestic aggravated assault and escort workers.

R. v. Leung - Provincial Court of Alberta / Court of Appeal

The case was the first reported appeal decision granting relief from the effects of the changes to the Immigration and Refugee Protection Act which made deportation automatic if a person was sentenced to a penitentiary term. The point in R. v. Leung was endorsed by the Supreme Court of Canada in 2013 in R. v. Hoang Pham, the final word on the immigration consequences of sentencing. Alias Sanders was counsel on this matter as well.

R. v. Wilson - Court of Queen’s Bench of Alberta, Jury trial

Conditional Sentence granted on manslaughter of infant child after Jury returned a not guilty verdict of murder.

R. v. Dinh - Provincial Court of Alberta / Court of Appeal

The first Alberta decision on dog sniff cases and privacy rights upholding the lower courts exclusion of evidence. Alias Sanders was co-counsel.

R. v. Tudor - (1997) Court of Queen’s Bench of Alberta / (1998) Court of Queen’s Bench of Alberta / (1999) Court of Appeal / (2000) Court of Queen’s Bench

Three homicide trials. The conviction for 1st degree murder was overturned on Appeal and reduced to 2nd degree murder with parole eligibility set at 20 years. The case is Chapter 1 in Peter B. Smiths Prairie Murders: Mysteries, Crimes and Scandals (2009).

R. v. Bedi - Court of Queen’s Bench of Alberta

Originally charged with over 50 counts of running an underage trick pad. Crown prosecuted only seven counts. Client acquitted on all but one count of common assault.