R. v. J.C.B.

(Lethbridge, Q.B.). JB was charged with kilogram level importation of cocaine. This was the second trial after the case was remitted back for a new trial by the Supreme Court of Canada. What was interesting about this prosecution is that the accused successfully defended his first trial after the trial judge declined the defence motion for a judicial stay of proceedings, but as a result of late disclosure and non-disclosure by the Crown, stopped the prosecution from calling specific evidence relating to the disclosure issues.   Shockingly, at the retrial, disclosure issues continued to persist. The trial commenced in Lethbridge, Alberta with voir dires to determine a number of defence Charter motions, including the issue of persisting non-disclosure and late disclosure. In R. v. Stinchcombe, the Supreme Court of Canada stated that breaches of the Crown's disclosure obligation constitute a serious violation of professional ethics. In JB's case, defence counsel had strong instincts that withheld disclosure was not only potentially relevant but obviously relevant to the accused's right to make full answer and defence. After days of evidence and argument, the judge decided to exercise his role as gatekeeper by agreeing with the defence request to have the withheld disclosure provided to him for review. After reviewing the material, the judge determined that the material clearly met Stinchcombe disclosure and ought to have been disclosed. As a result of the Crown's actions, he directed a judicial stay of proceedings.  The accused avoided a serious criminal conviction. David Chow is one of a few Calgary drug lawyers who has successfully defended complex drug prosecutions, including those involving complicated disclosure motions, wiretap, advance surveillance techniques and informant issues. David is not only a Calgary drug lawyer, he is a Lethbridge drug lawyer. He routinely appears in Lethbridge and throughout Southern Alberta to defend persons charged with possession for the purpose of trafficking, trafficking, importation and production of narcotics.