Author Archives: Serena Eshaghurshan

About Serena Eshaghurshan

Serena Eshaghurshan is 2021 JD candidate at the University of Calgary. Prior to law school, she received a Bachelor of Arts in Psychology at the University of Calgary.

When is Legal Aid Funding a Right in Criminal Cases?

By: Serena Eshaghurshan

PDF Version: When is Legal Aid Funding a Right in Criminal Cases?

Case Commented On: R v Acain, 2020 ABPC 6 (CanLII)

On December 10th, 2019, the Honourable Judge L.R. Grieve of the Provincial Court of Alberta (ABPC) heard and rendered a decision on a Rowbotham application, which is an application made for court-ordered counsel. The Applicant, Rowel Acain, was charged with impaired driving related offences pursuant to sections 320.14(1)(a) and 320.12(1)(b) of the Criminal Code, RSC 1985, c C-46. Mr. Acain’s application for state-funded counsel was denied. Continue reading →

Application for Mistrial and Judicial Recusal Denied

By: Serena Eshaghurshan

PDF Version: Application for Mistrial and Judicial Recusal Denied

Case Commented On: R v JNS, 2019 ABQB 557 (Can LII)

In July 2019, the Honourable Mr. Justice Steven N. Mandziuk of the Court of Queen’s Bench of Alberta (ABQB) heard an application for a mistrial and his recusal as the presiding judge over a criminal matter. The Applicant, JNS, sought the remedy due to Justice Mandziuk presiding over both his child support case and his criminal trial. Justice Mandziuk declared that there was no evidence or appearance of judicial bias and dismissed the application. Continue reading →

Constable Convicted of Aggravated Assault in Police Brutality Case

By: Serena Eshaghurshan

PDF Version: Constable Convicted of Aggravated Assault in Police Brutality Case

Case Commented On: R v Lindsay, 2019 ABQB 462 (CanLII)

In May 2019, the Honourable Mr. Justice Michael J. Lema of the Court of Queen’s Bench of Alberta (ABQB) heard a trial regarding an aggravated assault case. Despite attempting to rely on s 25 (Protection of Persons Administering and Enforcing the Law) and s 34 (Defence of Person) of the Criminal Code, RSC 1985 c C-46, Calgary Police Service (CPS) Constable Trevor Lindsay was convicted of aggravated assault in relation to Daniel Haworth, a man who was under his arrest. Continue reading →

Alberta Court of Appeal Broadens the Scope of Offences for Conditional Discharges

By: Serena Eshaghurshan

PDF Version: Alberta Court of Appeal Broadens the Scope of Offences for Conditional Discharges

Case Commented On: R v Chowdhury, 2019 ABCA 205

In May 2019, the Alberta Court of Appeal (ABCA) heard an appeal for a dangerous driving causing bodily harm case. The appellant, Mr. Chowdhury, sought a conditional discharge, but the sentencing Judge refused to grant one. Mr. Chowdhury appealed his sentence and was surprisingly granted a conditional discharge, the first of its kind for this offence. Continue reading →