R. v. L.B.K.

(Calgary, P.C.).  LBK was charged with breaching bail.  His case was set for trial in low complexity trial court in Calgary.  A plea of not guilty was entered because after evaluating the Prosecution's case, the Defence determined that there were evidentiary defences and potential Charter issues.  In specific, the manner in which the evidence used to substantiate the breach was arguably collected in breach of section 8 and 10 of the Canadian Charter of Rights and Freedoms. Strategically, the defence was of the view that even if the Charter defence failed, there remained common law defences.  In Canada, common law is essentially judge made law built upon previous court decisions that are either binding or persuasive for present day trial courts hearing cases. Breaching bail is often viewed very seriously by the Crown and court because when a bail order is contravened, the offender is effectively ignoring conditions of release designed to control the accused while the case winds through the justice system. Have you been charged with an offence and need a Calgary bail lawyer? Consider David Chow; he has been securing judicial interim release for clients since leaving the Crown Prosecutor's office and joining the Calgary defence bar in 2005. David is a Calgary criminal lawyer who serves clients throughout Alberta, British Columbia and Saskatchewan.