By: Jessica Magonet
PDF Version: Should the Dispute Remain Between the Accused and the Crown? Third-Party Intervention in Criminal Proceedings
Cases Commented On: R v Vallentgoed, 2016 ABCA 19 (CanLII) and R v Barton, 2016 ABCA 68 (CanLII)
Should courts shun third party intervention in criminal proceedings? Two recent Alberta Court of Appeal cases address this issue: R v Vallentgoed, 2016 ABCA 19 (CanLII) (January 2016) and R v Barton, 2016 ABCA 68 (CanLII) (March 2016).
In Vallentgoed, the Edmonton and Calgary Police Services (EPS / CPS) were denied leave to intervene in a criminal appeal by Justice Veldhuis. The appeal concerned the scope of the Crown’s obligation to disclose approved instrument (AI) maintenance logs. Approved instruments are instruments used to measure blood alcohol levels. The accused, Vallentgoed and Gubbins, were charged with impaired driving offenses and had requested additional disclosure of AI maintenance records.
In Barton, Justice Berger granted leave to intervene to the Women’s Legal Education and Action Fund (LEAF) and the Institute for the Advancement of Aboriginal Women (IAAW) in the Crown’s appeal of Barton’s acquittal for the murder of Cindy Gladue. Ms. Gladue, a Cree woman engaged in sex work, died as a result of an injury caused by Mr. Barton. According to LEAF’s press release, “At the trial, the jury accepted the defence argument that Ms. Gladue, an Indigenous woman, had consented to ‘rough sex’ and acquitted the man accused of her murder, Bradley Barton.” (Women’s Legal Education and Action Fund (LEAF) and the Institute for the Advancement of Aboriginal Women (IAAW) Seek Leave to Intervene in R. v Barton).