Lawyers will present final arguments in the trial of a Calgary youth charged with second-degree murder in the fatal shooting of a city teen in May. Read More
Noteworthy legal cases in Calgary and area from March 10-14, 2025
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Noteworthy legal cases in Calgary and area from March 10-14, 2025
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- Trial of murder suspect in fatal Calgary shooting delayed by his change of lawyers
- Suspect in Christmas Day fatal shooting to make plea deal, his lawyer tells court
- Sentencing of killer in fatal stabbing of roommate delayed by psychological report
- Homicide suspect told police he never met man he allegedly helped kill
- Preliminary inquiry scheduled for two of six people charged in Calgary woman’s killing
- Appeal court reduces jail term handed ex-guard at remand centre who assaulted three prisoners
- Conviction upheld for sex trade worker who helped torture and sexually assault bad client
- Gag order against former Calgary police human resources head made permanent
- Crown abandons appeal of former MLA Derek Fildebrandt’s acquittals on threat charges
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Lawyers will present final arguments in the trial of a Calgary youth charged with second-degree murder in the fatal shooting of a city teen in May.
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Defence counsel Robin McIntyre appeared in Calgary Court of King’s Bench Friday on behalf of trial lawyer Andrea Urquhart to schedule final submissions before Justice Paul Jeffrey for May 13.
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Urquhart’s client is charged in connection with the March 31, 2022, shooting death of Jal Acor Jal at a secluded location near the Crowfoot CTrain station in northwest Calgary.
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The accused, now 18, was just 15 years old at the time of Jal’s death and can’t be identified under provisions of the Youth Criminal Justice Act.
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He testified last month that he had met Jal at the station and walked to a secluded location after the deceased had seen a photograph of the rifle the accused had posted in an online chat group and had asked to see it.
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The accused told Jeffrey he handed the weapon and two magazines to Jal so he could look them and the victim began walking away.
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But when the accused heard Jal load a magazine into the gun and chamber a bullet the murder suspect lunged at him.
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He told Urquhart he struggled with Jal for control of the gun but at one point lost his grip and fell backwards before hearing the weapon discharge.
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“I just noticed that the barrel was kind of pointing towards him in his upper body areas, upper chest, throat, head,” he said.
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He said he did not have his eyes on the gun when it went off.
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Jal was killed by a single bullet that entered the back of his head near the base of the skull and exited around his right eyebrow.
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McIntyre told court Jeffrey has asked counsel to file written submissions by April 11, in advance of oral arguments.
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Trial of murder suspect in fatal Calgary shooting delayed by his change of lawyers
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The trial of Calgary murder suspect Tyler James Redden has been delayed after he changed lawyers.
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Defence counsel Alain Hepner appeared in Calgary Court of King’s Bench on Friday and indicated he wouldn’t be available for the three-week jury trial previously scheduled for June.
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Instead, Hepner, who said he was officially retained by Redden’s family on Thursday, asked that the case return to court on March 28 to schedule a new trial date, likely early next year.
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The lawyer said he was waiving any argument of unreasonable delay as a result of the postponement, an undertaking agreed to by his client.
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Under the Charter, an accused person has the right to be tried within a reasonable amount of time, which the Supreme Court has said should be within 30 months plus any defence delay.
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Redden was in court last Friday, where then-lawyer Andrea Urquhart applied to get off the record because of a breakdown in the solicitor/client relationship, putting the June jury trial in jeopardy.
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At the time, Redden indicated Hepner was likely to come on as counsel and the lawyer confirmed Friday he isn’t available for the full three weeks beginning June 2.
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Hepner and Crown prosecutor Carla MacPhail will utilize one of those weeks for pre-trial applications, he told Justice Jane Sidnell.
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Redden, 28, is charged with second-degree murder and attempted murder in what police suggested was a targeted shooting in the city’s northeast community of Vista Heights on May 18, 2023.
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Police responded to reports of gunshots in the parking lot at 27th Avenue and 23rd Street N.E. at 5:35 p.m. that day. Emergency responders found one man dead at the scene.
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Soon after, police responded to two collisions believed to be related to the fatal shooting, the first of which police discovered a critically injured man and the second, at 26th Street and Sunridge Blvd. N.E., where a suspect was taken into custody.
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Police later identified the deceased as Graeme Lee McColm.
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Sentencing of killer in fatal stabbing of roommate delayed by psychological report
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The sentencing of convicted Calgary killer Eddy Nakasenh-Bandasak has been delayed once again, as doctors asked to conduct a psychological risk assessment have not yet begun their testing of the offender, court heard Friday.
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Defence counsel Robin McIntyre told Justice Jane Sidnell that the court ordered risk assessment on her client won’t be ready before his scheduled March 31, sentencing hearing.
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McIntyre indicated doctors at the Southern Alberta Forensic Psychiatry Centre had requested a 60-day extension.
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“Today’s appearance was a check-in, to check on the status of the forensic report,” McIntyre said, in explaining why the case was on the court docket,
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“He’s still on the wait list (as the psychiatry centre),” she said.
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Nakasenh-Bandasak, 29, was convicted nearly a year ago of second-degree murder in the fatal stabbing of his roommate, Ismail (Izzy) Charanek on the street outside their southeast apartment complex in the early morning hours of Sept. 22, 2020.
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He was initially scheduled to face a sentencing hearing last Sept. 24, but that had to be adjourned when his then-lawyer, Mary Stephensen withdrew from the case,
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When McIntyre came on she requested that a second sentencing date be postponed so a psychological risk assessment could be conducted.
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She asked that the case return to court next Friday so she and Crown prosecutor Tiffany Dwyer can find a suitable date in Justice Nancy Dilts calendar at least two months down the road.
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Dilts convicted Nakasenh-Bandasak, rejecting arguments from Stephensen that the fatal stabbing was an act of self-defence.
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The judge said it was unreasonable for the killer to believe Charanek was armed with a knife given that he was wearing just a T-shirt, a pair of shorts and socks when the two men had an altercation on the street.
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The only issue for Dilts to decide is when the killer will be eligible to seek parole from his automatic life sentence.
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Suspect in Christmas Day fatal shooting to make plea deal, his lawyer tells court
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The lawyer for Calgary murder suspect Yosief Hagos told court Friday he has reached a deal with the Crown to resolve the case without a trial.
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Defence counsel Shamsher Kothari asked Justice Jane Sidnell to cancel Hagos’s May jury trial dates and have him appear in Calgary Court of King’s Bench on April 22, when he and Crown prosecutor Melissa Bond will present a statement of agreed facts and a joint sentencing submission.
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“The intention today is to vacate the trial date. My friend and I will be resolving this matter,” Kothari told Sidnell.
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“It will be a true joint submission with respect to resolution.”
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Hagos is charged with second-degree murder in the death of Samuel Welday Haile, who died in hospital after he was shot around 4:30 a.m. on Dec. 25, 2022, in the 2600 block of 36th Street S.E.
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Hagos, 25, wasn’t arrested until six months later.
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He was scheduled to face a three-week jury trial beginning May 5, with jury selection on May 1, but Sidnell cancelled those dates at the request of Kothari and Bond.
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Following Hagos’ arrest, police indicated they were able to work with potential witnesses and other police agencies to take the suspect into custody.
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“Since this murder occurred, we continuously followed up on Hagos’ associates and worked with partner agencies to track his whereabouts,” Staff Sgt. Sean Gregson said in a news release.
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“I’m grateful that we were able to help bring closure to the victim’s family.”
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Hagos’ trial was originally to begin April 7, but after his then-lawyer, Derek Jugnauth, was appointed to the bench Kothari came on and said he’d only require a one-month delay from the original start date.
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With the plea agreement in place, the new dates are no longer required.
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Hagos remains in custody pending a decision in the case.
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Homicide suspect told police he never met man he allegedly helped kill
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Manslaughter suspect Jason Tait told a homicide detective he never met the man he’s accused of helping kill before the victim was dismembered and had his remains scattered west of Calgary.
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But in a video-recorded interview played for jurors Thursday, Tait did agree with Det. Rey Bangloy that it looked bad that his home was where it was believed Keanan Crane was murdered.
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In the interrogation, Bangloy showed Tait a photo of the deceased, but the accused said he’d never seen him.
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“You say you don’t know him?” the detective asked.
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“I don’t,” Tait replied.
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In the Jan. 13, 2023, interview Bangloy indicated witnesses had indicated Crane was killed at 240 34th Ave. N.E.
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“The residence where it happened at … was your place,” the detective said.
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“Now, we end up finding Keanan’s body later and it was determined that he was murdered. Okay? So, that’s kinda problematic for you, right?”
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“Yeah,” Tait replied.
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Tait is charged with manslaughter and being an accessory after the fact to Crane’s murder.
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It’s the Crown’s theory the victim had gone to the accused’s home in the early morning hours of April 7, 2022, and was confronted about an outstanding drug debt. He was then assaulted by a group of individuals, including Tait, bound with duct tape and injected with fentanyl.
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Prosecutors Aleksandra Simic and Stephanie Morton believe his body was then cut into pieces before his remains were taken to a remote area west of Calgary and scattered, most of which were never found, save for his left foot and lower leg bone, some scattered bone fragments and his skull, discovered May 15, 2022.
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Bangloy said records from the Aboriginal Society showed Tait was evicted from the residence on April 25, 2022, more than two weeks after the killing is believed to have taken place.
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“So, you see where that’s problematic,” the officer said.
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“Yeah, I see,” Tait replied.
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Bangloy told Morton he also had photo lineups of persons of interest shown to a crucial Crown witness, who can only be identified by the pseudo-initials, A.B., but not of Tait.
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The detective said because Tait did not have a criminal record or a driver’s licence they did not have a suitable photograph of the accused to use in a lineup.
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“There wasn’t a good photo on Facebook of a head shot where he’s looking straight,” Bangloy added.
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But in cross-examination by defence lawyer Adam Klassen the officer acknowledged showing A.B. a single photo of the accused wearing a toque, lifted from his social media.
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Bangloy said because Tait was wearing headgear in the picture it didn’t meet the standard necessary to be included in a lineup.
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Preliminary inquiry scheduled for two of six people charged in Calgary woman’s killing
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Two of six people charged in the death of a Calgary woman whose body was dumped south of the city will face a preliminary inquiry this fall.
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Defence counsel Gloria Froese appeared in Calgary Court of Justice on Thursday to schedule a five-day hearing to begin Sept. 29, for her client, Paul Fettig, and co-counsel James McLeod’s client, Ahmed Chehade.
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Because court won’t be sitting on Sept. 30, which is the National Day for Truth and Reconciliation, the hearing will spill into the following week and end on Oct. 6.
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Both Fettig, 43, and Chehade, 33, are charged with manslaughter in connection with the March 2023 death of Tara Miller.
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The body of Miller, 37, also known as Tara Mbugua, was found March 30, 2023, nearly 10 months before charges were laid against four other accused in the case, near the intersection of Highway 552 and 128th Street E., south of Calgary.
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Last Friday, lawyers for four others facing a charge of first-degree murder in Miller’s killing conceded the Crown had established the low bar of providing some evidence for which a jury could convict at the conclusion of their preliminary inquiry.
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As a result, Justice Jim Ogle ordered Jared Burke, Greg Schuster, Shyana Popplestone and Gurpreet Gill to stand trial in Calgary Court of King’s Bench.
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Burke, 25, Schuster, 31, and Popplestone, 27, were each initially charged with manslaughter when the four were arrested in January 2024 but prosecutors Britta Kristensen and Katherine Love later upgraded the allegations against them to first-degree murder.
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Gill, 31, has faced a murder charge since his initial arrest.
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All four remain detained.
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Chehade and Fettig weren’t charged until last November.
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While Chehade has been released on bail Fettig remains detained. Froese told Justice Greg Stirling she will discuss the possibility of bail for her client with the Crown and may bring it back to Court of Justice before the preliminary inquiry to schedule a release hearing.
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Appeal court reduces jail term handed former Calgary Remand Centre guard who assaulted three prisoners
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The 180-day jail term handed a former Calgary Remand Centre guard for kicking three prisoners was excessive, Alberta’s top court ruled Thursday.
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But because Heera Singh Chahal has already served his sentence, he won’t be required to return to custody, a three-member Alberta Court of Appeal panel said.
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The court said an appropriate sentence for Chahal for attacking the three inmates was a 30-day conditional sentence on the first assault and 30 days in jail for the second and third assaults to be served consecutively.
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The appeal judges said Justice Allan Fradsham failed to adequately take into account earlier precedents involving prison guards or police officers who committed assaults while on duty.
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They agreed with defence counsel Alias Sanders that while Fradsham was entitled to find an upward adjustment from previous sentences, he should also have considered the circumstances peace officers are placed in while on duty.
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“The judge must also be alert to the point emphasized by counsel for the appellant, that society asks a great deal of peace officers, requiring them to enter violent and unpredictable situations, and sometimes requiring them to respond with force but never excessive force,” the appeal judges said in their written decision.
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“The gravity of the offence committed by the appellant needs to be assessed in light of his abuse of authority but also in light of the violent, stressful and unpredictable situation his job required him to confront and deal with.
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“A realistic assessment of the gravity of criminal conduct by a peace officer accounts for the moral importance of denouncing and deterring abuse of authority without ignoring the difficulty, stress and danger of the work those officers regularly perform.”
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Chahal was on duty at the Calgary Remand Centre on Feb. 21, 2019, when four inmates in the exercise yard violently assaulted another prisoner.
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When Chahal entered the yard, the assault stopped. Despite this, he deployed pepper spray and then kicked an inmate in the shoulder while he was crouched on the stairs.
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He then kicked two other prisoners in the head while they were lying face down on the ground with their hands behind their backs.
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The appeal judges said the facts of the case did not warrant a sentence in the range Fradsham imposed.
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“The appellant kicked each victim once, causing no material injury,” they said.
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“He did so without provocation, but under circumstances of considerable stress — following the victims’ violent assault of a fellow prisoner, while in a confined space and while the prisoners had not yet been handcuffed. That they posed no threat to the appellant is perhaps clearer in hindsight than it would have been at the time.”
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Alberta appeal court upholds conviction of sex trade worker who helped torture and sexually assault bad client
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The province’s top court has upheld the conviction of a sex trade worker who took part in the luring, torture and sexual assault of a bad client.
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A three-member Alberta Court of Appeal panel on Wednesday ruled Justice Charlene Anderson made no errors in finding Carol Nordvall took part in the vicious assault of the victim, who can’t be named.
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Defence counsel James McLeod had argued Anderson’s ruling should be overturned based on inconsistencies in the victim’s version of what occurred.
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“Nordvall’s counsel emphasized credibility and reliability problems with the complainant’s testimony and argued that they created a reasonable doubt about whether Nordvall was present or involved,” the appeal judges said in their written decision.
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McLeod focused on the fact the victim testified he was sexually assaulted in the basement of a home on Thomson Avenue N.E. after being lured there by Christina Schollen under the premise he would receive sex for drugs and money.
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The victim said he was sexually violated by Nordvall, whom he’d previously hired as a sex trade worker, with a sex toy on the basement’s concrete floor.
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But partial video of the April 15, 2019, assault, in which the bloodied sex item was forced into the victim’s mouth while another assailant, Richard Wayne Parsons, was stepping on his head, showed the floor was made of hardwood, McLeod noted.
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A second video recorded a man asking the victim “do you recognize her?” which he testified was a reference to Nordvall.
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But the appeal judges agreed with Crown prosecutor Sarah Clive that despite the victim’s credibility problems, other evidence substantially corroborated his testimony, including his cut-in-the-rear jeans found at the residence, which he said Nordvall altered before sexually assaulting him.
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“His evidence never wavered that Nordvall — the only assailant he had met before — had perpetrated the … sexual assault against him. The location and the type of flooring in the videos played no role in that finding,” they said.
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The victim indicated he believed the attack was to punish him for how he had previously treated Nordvall after retaining her for escort services.
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Nordvall, who was handed a 10-year sentence, was convicted of aggravated assault, sexual assault with a weapon, unlawful confinement, extortion and robbery.
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During the victim’s ordeal, he was beaten by three men, including Parsons, tied up and threatened with a knife. He was also burned with cigarettes, tasered and forced to e-transfer $12,000 to Nordvall.
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Parsons was sentenced to 11½ years and Schollen six. The other assailants have never been charged.
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Gag order against former Calgary police human resources head made permanent
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The temporary injunction preventing former Calgary Police Service human resources boss Angela Whitney from disclosing confidential department information had been made permanent.
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Court records show that as part of a settlement agreement between Whitney and the CPS, she has agreed to abide by the ongoing confidentiality order, but is not admitting any liability.
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The permanent injunction order, signed by Calgary Court of King’s Bench Justice Ola Malik, notes Whitney and the police service have reached an out-of-court settlement in their legal dispute in which neither side will have to pay costs to the other party.
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The CPS and the Office of the Chief sued Whitney last March, alleging she breached confidentiality provisions in her resignation agreement as director of human resources for the force.
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In a hearing, in which the temporary injunction was ultimately granted, her lawyer, Nicholas Urie, argued his client was engaging her free-speech rights under the Charter by posting “whistleblower” information online.
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But CPS lawyer Michael Mysak counters that Whitney can always raise her concerns about personnel issues to the Calgary police commission.
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“If she is genuinely a whistleblower, she can go to the right body, which is the police commission,” Mysak said last May in support of the application for an interim injunction, which was granted in June.
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The permanent injunction says unless a court allows it or the parties agree, Whitney is restricted from: “Disclosing, disseminating or threatening to disclose or disseminate in any way, including by social media, traditional media or otherwise, any confidential or proprietary information about the CPS or its employees.”
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The order allows her to submit information in the form of a complaint under the Police Act to any authorized persons or bodies, including the police commission and the CPS.
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That includes “communicating with decision-makers, investigators, staff, assistants or administrative personnel in a complaint process,” as well as other exceptions.
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Crown abandons appeal of former MLA Derek Fildebrandt’s acquittals on threat charges
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The Crown has abandoned its appeal of former MLA Derek Fildebrandt’s acquittals on allegations he threatened four teenage boys while chasing them from his southwest Calgary property with a cane.
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Defence counsel Alain Hepner confirmed Wednesday that Edmonton Crown prosecutor Aaron Pegg filed a letter with Calgary Court of King’s Bench dropping the appeal.
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“I have a copy of the abandonment in my hands right now,” said Hepner, when contacted by phone by Postmedia.
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Last Nov. 22, Justice Allan Fradsham acquitted Fildebrandt of four charges of uttering threats to cause bodily harm in connection with an April 13, 2024, incident at the former politician’s Calgary home.
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Fildebrandt had just arrived home from a business trip and was sitting down to dinner when he noticed teens on the other side of a hedge on his property.
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In his ruling, Fradsham detailed the facts of the case.
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“The accused was recovering from a previous injury and required the assistance of a cane when walking,” the Calgary Court of Justice judge said.
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“He was in the view that in the past, certain of his lawn ornaments had been stolen, and he concluded, wrongly, that the complainants were either stealing, or damaging the ornaments with which he had replaced the previous stolen ones.”
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Fildebrant went outside to deal with the teens, who were simply waiting for a friend to join them, using his cane to assist him.
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“He was upset at the time, and at some point raised his cane in the air. I find that the accused said to the complainants: ‘I protect my property and my belongings with a gun,’” Fradsham said.
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The judge said those words, expressed in frustration, “were at most, a statement that he would take protective measures in defence of his property.”
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As a result he found they did not constitute a threat.
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