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R v D H & K (2010)

  • Clayton Rice, K.C.

The three defendants in this conspiracy and drug trafficking case were denied bail and remanded into pretrial detention. The Crown Attorney then withheld disclosure for almost two years. While the case languished in the Provincial Court of Alberta and the defendants languished in the Edmonton Remand Centre, it came to light that the police officer who had sworn the affidavits for the wiretap applications had committed suicide. Mr Rice was contacted by H who was alleged to be the “food boss” responsible for the distribution of cocaine to street level dealers. Mr Rice brought a bail application on behalf of H that was granted in the Court of Queen’s Bench. After H was released from custody, Mr Rice brought a motion for legal costs in the Court of Queen’s Bench. After that application was granted, and the government was ordered to pay the costs of the defence, the Crown Attorney stayed the charges.

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