R v GRANDINETTI, 2003 ABCA 307 – (McFayden) Discretion of trial judge [84] In R. v. Faid (1981), 1981 ABCA 139 (CanLII), 61 C.C.C. (2d) 28 (Alta. C.A.), rev’d on other grounds, 1983 CanLII 136 (SCC), [1983] 1 S.C.R. 265, this Court held that the seating location of an accused during a trial is a matter solely in the discretion Read more...
R V. ZWEZDARYK – [2004] O.J. NO. 6137 (SCJ – R. Clark) Para 24: “I do not see any prejudice to any accused occasioned by all three being in the prisoner’s box. I am not convinced that there is any significant impediment to communication between counsel and the client engendered by the fact that the accused is in the box Read more...
R V. LALANDE – [1999] O.J. NO. 3267 Para 18: “…counsel invited the court to comment upon the trial judge’s refusal of defence counsel’s request that the appellant, who was on bail, be permitted to sit beside her at the counsel table, rather than in the prisoner’s dock. As I stated earlier, even if I were to be of the Read more...
R V. ZWEZDARYK – [2004] O.J. NO. 6137 (SCJ) Para 22: “It is, in my view, conjectural at best to assume that the jury will be influenced by the fact that the accused is in the prisoner’s box [cite omitted]. Para 24: “I do not see any prejudice to any accused occasioned by all three being in the prisoner’s box. Read more...
R v Zoghaib – 2005 OJ No 5947 (SCJ – Fragomeni): [39] In this case Ms. Zoghaib did not mention the name of a specific lawyer nor did she advise P.C. Henry that she wished to call her parents to contact a lawyer. As a result P.C. Henry contacted Duty Counsel and Ms. Zoghaib spoke to Duty Counsel for six Read more...