Tuesday, May 05, 2015

Alberta Attorney-General steps down over DV Charges

Last week a block buster announcement swept over the news during the Provincial Election Campaign.  The Provinces Attorney-General - Jonathon Denis - resigned from his post on Sat April 25 because he was due to appear in court over an un-specified charge.

All of this was news because the details were not spelled out and a publication ban was in place.  Even Premier Prentice - when asked about the resignation - would not provide any details except to claim it was a private matter.  Well during a Provincial Election Campaign that was not going to fly so it took the PC Party about a week to cut Denis lose.

After the publication ban was lifted, we all found-out that his former wife - Breanna Palmer - and he were having "marital problems" that led to her requesting an EPO (Emergency Protection Order) against him.

Here is Rebel.Media's excellent report on the issue.

Ivan Henry wins right to sue Crown for 27 yrs wrongful imprisonment

On Fri May 1, 2015 the Supreme Court ruled on the case of Ivan Henry wrongful imprisonment lawsuit.  He may proceed with suing the Crown prosecution for not disclosing many important facts that would have cast doubt on his sexual assault convictions in 1983.  The major question to be considered in this case was if this failure by the Crown prosecution was intentional and therefore malicious - or just negligent, incompetent or unintentional.

It is a point that has hamstrung many similar appeals in the past as the test for maliciousness is so high as to almost impossible to meet - given that one would practically require an email or video of the prosecution discussing, planning or knowingly executing ways to deny justice to the defendant. Of course such proof is virtually impossible to obtain without some very lucky breaks or terribly incompetent prosecutors (but one never knows how an opportunity will present itself).

This case is one on many that has been successfully brought forward over the years by the Canadian Association for the Wrongfully Convicted.