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Motive to fabricate – while not determinative, is always relevant factor in accessing witness credibility

Oct 26, 2022

In 2020, the Alberta Court of Appeal, in R. v. JOL, 2020 ABCA 73, ordered a new trial of a sex assault conviction from the Court of Queen’s Bench.  The appeal was successful due to the trial judge failing to properly charge the jury, with respect to the proper purpose...

“Why would someone lie about what you did?” The wrong question for a court to consider…

Oct 7, 2022

In a 2021, the Alberta Court of Appeal, in R. v. Bernier, 2021 ABCA 27, ordered a new trial on a sex assault conviction. The appeal was successful due to the trial judge wrongfully relying on evidence taken from the police interview of the accused, to the effect that...

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