David G. Chow - Calgary Criminal Lawyer - Calgary

R. v. B.C.C

September 30, 2021

(Red Deer, P.C. - Failing to Appear).  BCC was charged with failing to appear in relation to a missed docket court appearance. The circumstances of this case are extremely troubling. The facts are that BCC's lawyer accidentally missed a docket court appearance at the Case Management Office. The timing of the missed appearance was during the first wave of the COVID-19 Pandemic, when case management offices closed, requiring counsel to appear by email. BCC's lawyer sent emails for the appearance to what he thought was the case management office. This was in error, for the appearance email went to the Crown Prosecutor's Office.  Late afternoon on the appearance date BCC's lawyer realized that the email address used was in error and contacted the CMO without access. The CMO was contacted again first thing the next morning when BCC's lawyer learned that notwithstanding that the Judge was aware that BCC's lawyer had made prior appearances in docket court as counsel and despite the Crown having the initial appearance email, a warrant for the accused's arrest was nevertheless issued. No telephone call was attempted to BCC's counsel of record prior to issuing the warrant. David Chow, BCC's Alberta criminal lawyer, later learned that the warrant for arrest was not even released until a week later, during the time that all parties, including the Crown and Court were aware that the missed appearance was not at all BCC's fault.  BCC had to seek judicial interim release on this charge. Though BCC attempted to have the charge withdrawn, the Crown initially declined and a trial had to be scheduled. Ultimately, about a year later, the Crown withdrew the failing to appear. BCC's case illustrates problems that occurred not only as a result of COVID-19, but a problem with the reasonable grounds necessary to justify laying the charge.  Even if the warrant was justified, it could have been held. The warrant aside, there was no basis for a judge or justice of the peace to swear this charge against BCC.