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Flagship Cases

SUPREME COURT OF CANADA CASES

2015 SCC 46 - Counsel for the intervener Criminal Trial Lawyers Association in inquiry into constiutionality of impaired driving legislation in British Columbia. Counsel: S.K.C. Prithipaul.

2012 SCC 57 - Counsel for the intervener Criminal Trial Lawyers Association in impaired driving case involving evidence to the contrary. Counsel: S.K.C. Prithipaul.

2007 SCC 39 - Impaired driving causing death and driving with blood-alcohol level over the limit – s. 8 Charter - reasonable and probable grounds to arrest and make breath demand – appeal dismissed – unanimous that trial judge erred in statement of law but majority of 5 to 4 hold that totality of judgment reflected correct test. Counsel: S.K.C. Prithipaul.

(1981), 62 C.C.C. (2d) 97 (S.C.C.) - Accused acquitted on charge of importing heroin – trial judge acquitting on basis of reasonable doubt concerning accuracy of drug analysis – acquittal upheld against Crown appeal. Counsel: P.B. Gunn.

 

ALBERTA CASES

2015 ABCA 97 - Right to counsel in a case of screening device refusal - leave to appeal to the Court of Appeal granted - cased to be heard on January 6, 2016. Counsel: S.K.C. Prithipaul.

2012 ABCA 189 - Right to counsel, waiver of the right and remedy once a breach of s. 10(b) has been established. Client acquitted on appeal. Counsel: S.K.C. Prithipaul.

2006 ABCA 288 - Break and enter - sentence appeal - sentence reduced by one year upon appeal. Counsel: S.K.C. Prithipaul.

2005 ABCA 105 - Impaired driving, dangerous driving and driving while over the legal limit – s. 9 Charter - arbitrary detention after samples of breath already provided – Court of Appeal’s previous decision in R. v. Cutforth (1987), 40 C.C.C. (3d) 253 (Alta. C.A.) overturned - accused persons who are arbitrarily detained after providing breath samples may be entitled to Charter relief. Counsel: S.K.C. Prithipaul.

2003 ABCA 23 - S. 7 Charter – remedies for late disclosure – trial judge awards costs in three cases where Crown failed to provide timely disclosure – Court of Appeal upholds costs award (our office acted as trial counsel only in this case). Trial counsel: P.B. Gunn.

[1982] A.J. No. 241 (C.A.) (Q.L.) - Driving while over legal limit - facts on which expert bases opinion must be proven. Counsel: P.B. Gunn.

[1981] A.J. No. 698 (C.A.) (Q.L.) - Jurisdiction of court to deal with matter when the information not before the court. Counsel: P.B. Gunn.

2015 CarswellAlta 612 (Q.B.) - Trial Judge's decision to exclude evidence on the basis of an illegal pat-down search is affirmed on appeal.Counsel: S.M. Smith (trial and appellate counsel).

2014 CarswellAlta 2648 (Q.B.) - Calibration and maintencance records for breath-testing instruments such as the Intox EC IR II are relevant and must be disclosed.Counsel: S.M. Smith.

[2014] A.J. No. 405 (Q.B.) (Q.L.) - Stickers on a screening device are relevant and must be disclosed - conviction overturned on appeal. Counsel: S.M. Smith.

2013 A.J. No. 1486 (Q.B.) (Q.L.) – Evidence ought to have been excluded at trial for driving with a blood alcohol level over the legal limit.  Conviction overturned on appeal and new trial ordered. Counsel: S.M. Smith.

2013 ABQB 121 – Successful sentence appeal of a joint submission on a case of assault with a weapon.  The Learned Trial Judge erred in not considering Gladue factors in the sentencing of an aboriginal offender. Sentence reduced from nine months to 175 days (time served). Counsel: S.K.C. Prithipaul.

2004 ABQB 18 - Conviction for operation of a motor vehicle with a blood alcohol level exceeding the legal limit overturned on appeal.  Learned trial judge erred in evaluation of evidence to the contrary. Counsel: S.K.C. Prithipaul.

[2004] A.J. No. 622 (Q.B.) (Q.L.) - S. 8 Charter - calibration and maintenance of screening devices – conviction overturned and acquittal entered - failure to ensure proper calibration and maintenance may result in finding of Charter violation and exclusion of evidence. Counsel: S.K.C. Prithipaul.

[2004] A.J. No. 319 (Q.B.) - Cyanide spill on part of nickel plating company – provincial regulatory offences – appropriate sentence – successful defence of Crown appeal of sentence. Counsel: S.K.C. Prithipaul.

2003 ABQB 242 – Screening device was not calibrated and maintained properly.  Conviction for driving with a blood alcohol level over the legal limit was overturned on appeal and a new trial was ordered. Counsel: S.K.C. Prithipaul.

[2002] A.J. No. 1285 (Q.B.) (Q.L.) - Driving while over legal limit - s. 8 Charter - reasonable and probable grounds - conviction overturned and acquittal entered. Counsel: P.B. Gunn.

2015 CarswellAlta 1030 (Prov. Ct.) - Illegal pat down search results in exclusion of evidence of a blood alcohol level over the legal limit. Counsel: S.M. Smith.

2015 CarswellAlta 1939 (Prov. Ct.) - Illegal pat down search results in exclusion of evidence of a blood alcohol level over the legal limit. Counsel: S.M. Smith.

2015 CarswellAlta 1784 (Prov. Ct.) - Accused stopped on suspicion he was in possession of stolen iPad. Subsequent search revealed methamphetamines. The search was illegal and evidence of the drugs found was excluded at trial. Counsel: S.M. Smith.

2015 CarswellAlta 1461 (Prov. Ct.) - Accused arrested on outstanding warrants. Subsequent search of pockets and backpack revealed methamphetamine, break-in tools and bear spray. The searches of the pockets and backpack were illegal and evidence of the items found was excluded at trial. Counsel: S.M. Smith.

2014 CarswellAlta 2649 (Prov. Ct.) - Breath samples not taken as soon as practicable and right to counsel breach results in exclusion of evidence. Counsel: S.M. Smith.

2013 ABPC 179 – Samples were taken outside two hours – acquittal on over .08 charge. Counsel: V. Eichhorn.

2011 ABPC 53 and 2011 ABPC 54 - Charges of public mischief and mischief - acquittal on public mischief as no evidence of nature of complaint made to police, successful strip search argument resulted in reduced sentence on mischief.  Counsel: V. Eichhorn.

2015 ABPC 39, Client was acquitted of exposing himself in a women’s washroom at McDonald’s.Counsel: S.M. Smith.

***First reported decision of the firm in Alberta: [1975] A.J. No. 412 (Sup. Ct.) – Acquittal on appeal for theft of gloves. Counsel: P.B. Gunn.

 

CASES IN FRENCH

2013 ABPC 156 - Trial within a reasonable time and no reasonable grounds as officer did not know the time of driving - acquitted. Counsel: S.K.C. Prithipaul.

2012 ABPC 225 - Disclosure of police disciplinary records – charges were ultimately stayed against the accused (that means proceedings went no further and there was no conviction). Counsel: S.K.C. Prithipaul.

 

CASES IN OTHER JURISDICTIONS

2013 NWTTC 2, 2012 NWTTC 11, and 2012 NWTTC 9 - Various rulings on procedural and substantive issues leading to acquittals on all charges including: dangerous driving, theft of motor vehicle and other offences. Counsel: S.K.C. Prithipaul.

2011 NWTTC 4 - Drive while disqualified - acquittal as there was no operation of a motor vehicle on public property. Counsel: S.K.C. Prithipaul.

2007 S.K.C.A. 32 - Care or control while impaired and with excessive blood-alcohol – acquittals reversed and conviction entered - meaning of care or control – trial judge can properly consider evidence of accused’s purpose or intention in deciding whether offence proven. Counsel: S.K.C. Prithipaul.

2009 SKCA 65 - Impaired causing death - conviction overturned on appeal. Counsel: S.K.C. Prithipaul.

2007 BCPC 170 - Contamination of screening device test result - acquittal at trial and appeal dismissed for want of prosecution. Counsel: S.K.C. Prithipaul and other.

[2003] N.W.T.J. No. 1 (S.C.) (Q.L.) - Driving while impaired – conviction at trial - appeal allowed and acquittal entered - unreasonable verdicts. Counsel: P.B. Gunn.

[1997] CarswellSask 257 (Q.B.) - Driving while over legal limit - acquittal at trial – Crown appeal - costs awarded to defense on frivolous appeal by Crown. Counsel: P.B. Gunn.