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The Queen v. W. (C.) 2018 (Provincial Court of Alberta)

Client was the passenger in a car that was pulled over for speeding. After smelling marihuana the officer called for back up. The client and the driver were arrested and two firearms were found, a sawn off shotgun and a loaded pistol. The client was charged with numerous firearm offences and faced serious jail time. On the morning of the preliminary inquiry, Mr. van der Walle spoke to the Crown and pointed out the severe evidentiary problems with the case and why the case may not even pass “the Shepherd test”, meaning that the case would not go on to trial. To his credit he agreed and ended the prosecution by entering a stay of proceedings.


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