R. v. B.R.

(403) 452-8018

R. v. B.R.

(Calgary, P.C. - Failing to Appear). BR was charged with impaired driving in a very dated case. The accused failed to appear. It is a criminal offence for an accused to fail to appear when compelled by an appearance notice, undertaking or recognizance.  Proving failing to appear is generally fairly simple for the Prosecution; as they will rely on "exemplification" evidence. 

An "exemplification" is a sealed and certified court record. It is not unusual for the prosecution to rely on exemplification evidence when the document is not a court record or to fail to obtain the exemplification prior to trial. In BR's case, there was a serious issue of unreasonable delay relating to the allegation of failing to appear.  

Though the Crown likely perceived a reasonable prospect of conviction after reviewing disclosure, public interest in this case probably played a role in the Prosecution's decision to "stay" the charge. 

Failing to appear is a kind of administrative Criminal Code offence that is quite prevalent in criminal law courts across Alberta. Failing to appear became even more common both during and after the COVID-19 pandemic.  If you have been charged with failing to appear or any criminal law administrative offence (such as breaching bail) call a qualified criminal defence lawyer in Alberta for help. David Chow has been practicing as a full time Calgary criminal lawyer since 2005.