Alberta courts: Looking ahead to 2023 southern Alberta cases

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Readability on the constitutionality of COVID-19 measures, a cold-case double homicide and a few Calgary politicians in authorized scorching water.

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These are a few of the instances that can make headlines within the courtrooms of Calgary and elsewhere in southern Alberta in 2023.

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It might seem to be an educational train, however attorneys for each the provincial authorities and advocates difficult public well being measures put in place to fight the brand new coronavirus are anxiously awaiting a call by Choose Barbara Romaine.

The Court docket of King’s Bench choose’s ruling is predicted to be delivered early within the new 12 months on whether or not restrictions resembling public masking and restrictions on public gatherings in the course of the early COVID-19 waves breached particular person Constitution rights.

The then chief medical officer of well being, Dr. Deena Hinshaw, admitted throughout testimony that the measures affected some particular person freedoms.

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It will likely be as much as Romaine to find out whether or not they violated constitutionally protected rights and whether or not they had been justifiable violations.

Her determination may have an effect on future well being orders if one other wave of the lethal virus overwhelms the well being care system.

Particular person liberties and sentiment towards well being measures will even be on the fore in one other high-profile case with the trial of 4 males accused of conspiring to kill Mounties in the course of the Coutts border blockade.

Chris Carbert, Chris Lysak, Anthony Olienick and Jerry Morin are scheduled to face trial in Lethbridge in June on the allegations that surfaced after police raided three trailers within the border group and seized a cache of weapons.

There will even be a number of newsworthy homicide trials in 2023, together with a case involving the deadly capturing of two males practically three a long time in the past.

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Leonard Brian Cochrane is scheduled to face a three-week jury trial starting April 24 in reference to the July 11, 1994 capturing deaths of Barry Christian Buchart, 26, and Trevor Thomas Deakins, 25. crime police mentioned is linked to the marijuana commerce.

Police mentioned two folks have a house within the 2500 block of tenth Avenue SE and murdered the victims.

Cochrane was arrested at his residence within the 100 block of Queen Isabella Shut SE in December 2020, after chilly case investigators reopened the investigation that 12 months utilizing forensic proof collected in 1994 to focus on an individual of curiosity focus.

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When Cochrane was arrested, police mentioned they had been nonetheless in search of a second suspect, however nobody else was within the homicide.

Additionally amongst these scheduled to face trial for homicide in 2023 are Jesse Michael Martinez, who’s accused within the deadly capturing of former SAIT basketball star John Smith Jr., on October 21, 2021, and Philip Toner, who’s charged of the homicide of a lady whose physique was discovered alongside a BC freeway.

Whereas Brenda Ware’s physique was present in BC, it’s believed that she was killed in Alberta.

Toner’s trial is ready to start on June 12, whereas Martinez’s trial is scheduled to start on April 3.

Lastly, one present and one former member of Calgary metropolis council will discover themselves earlier than the courts within the coming 12 months.

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Former Metropolis Councilman Joe Magliocca will stand trial beginning Jan. 16 on allegations of fraud and breach of belief associated to expense claims he made whereas a member of the council.

Protection legal professional Greg Dunn indicated he might file an abuse of course of movement on Magliocca’s behalf primarily based on the timing of the fees being laid and the pace with which his first court docket look was scheduled.

maunties issued a summons charging Magliocca on October 8, 2021, simply 10 days earlier than a municipal vote, and issued a information launch at the moment asserting the fees. The return date for his preliminary court docket look was October 15, simply seven days after the summons was issued.

Present councilor Gian-Carlo Carra will even face court docket in 2023 on a mischief cost, after an Edmonton police investigation in December decided a cost was warranted in reference to an April 2 incident in Calgary.

KMartin@postmedia.com

Twitter: @KMartinCourts