In Our Courts
Some
interesting judgements from the Alberta criminal courts
By Steve Bilodeau
Search of suspicious suspects sustained
Police may stop and briefly detain a person even where they do not have reasonable grounds to believe that the person has committed a crime. They must, however, have a “reasonable suspicion” that the person is involved in an offence. If the police think that the person may be armed or dangerous, they can do a basic pat-down search in order to ensure their own safety. The detained person does not have a right to call a lawyer during this detention, because it is so brief and limited.
T.A.V., from the Court of Appeal (Edmonton), December 17, 2001
Pilferers proceed to pen
The offender embezzled more than $217,000 from his employer. He pleaded guilty and received a two-year conditional sentence. The Crown appealed this sentence. The Court of Appeal agreed with the Crown that there should have been a significant period of incarceration – over two years. Said the court: “This type of fraudulent behaviour demands denunciation, punitive treatment, and a message to the general public that this type of criminal behaviour has significant negative consequences.”
Robert Grundy, from the Court of Appeal (Calgary), January 9, 2002
Bad bouncer bounced to bighouse
The offender and his accomplice were employed at an Edmonton nightclub as bouncers. They and a third person devised a plan to rob one of the customers. The victim’s injuries ended up being horrific, life-threatening and permanent. The court sentenced the offender to seven years on top of the 14 months he had spent in custody before the guilty plea. This man was supposed to be protecting the patrons’ safety, not planning a way to rob them.
Darren Ervin, from the Provincial Court (Edmonton), December 17, 2001
Notable Quotable:
“Hanging burglars was part of the way the old legal system used to teach people that breaking into somebody’s house is a serious crime and is very wrong. Modern courts still try to teach that same lesson, without the hanging.”
- Justice McLellan of the New Brunswick Court of Queen’s Bench in Newman
