Recent Cases

Our firm recently obtained a stay of proceedings for a client facing multiple counts of Sexual Assault contrary to section 271 of the Criminal Code.

The allegations involved an adult complainant who alleged that a series of sexual assaults had occurred at various locations throughout Alberta during the course of a relationship with our client. The complainant further alleged that she had been subjected to grooming behaviour and made a number of assertions regarding the nature of the parties' sexual relationship.

Upon being retained, Jillian immediately undertook a comprehensive review of her client’s saved information. This included analyzing a significant volume of text messages, telephone records, receipts, and other documentary evidence.

The defence investigation revealed numerous communications and records that appeared inconsistent with important aspects of the allegations. In particular, the documentary evidence raised significant issues concerning the complainant's description of the parties' relationship and the context of their interactions.

Given the nature of the allegations and the location of the proceedings in Edmonton, JIllian advised the client to elect trial by judge and jury. Preparations began immediately for a robust defence of the matter.

As part of that preparation, Jillian drafted and prepared a Challenge for Cause application addressing issues relating to juror impartiality. She also prepared a detailed section 276 application seeking the admission of relevant communications and evidence concerning the parties' prior interactions, which were important to the anticipated issues at trial.

Through extensive pre-trial advocacy, detailed preparation, and the strategic presentation of the evidentiary issues facing the prosecution, the defence was able to demonstrate significant concerns with the Crown's case before the matter proceeded to trial.

Ultimately, the Crown entered a Stay of Proceedings, bringing the prosecution to an end.

This result highlights the importance of early case preparation, careful analysis of electronic records, and strategic advocacy before trial. In many cases, a thorough examination of the available evidence can uncover issues that fundamentally alter the strength of the prosecution's case long before a jury is ever empanelled.