Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 7 13 Crown Counsel Association, says gen- erally any prosecutor would face diffi- culties attempting to forge a case that hinged upon a portion of the Criminal Code that had never had a conviction as there are no references. "It would be an immense challenge," says Marks. "There is no question that a lot of thoughtful analysis would have to go into considering a criminal charge." He says lawyers in this kind of a situation are left to rely upon their own experience, their ability to assess facts gathered and determine the intent behind the parliamentarian effort initi- ating such a law. Lawyers arguing first- time cases were essentially setting out in new areas of case law, he says. While the third person, Oler, was charged in the case but acquitted, spe- cial prosecutor Wilson filed Feb. 15 in B.C. Court of Appeal to have the acquittal overturned, arguing that errors in law occurred that could have swayed the outcome. Oler, also a member of the FLDS, was charged with transporting a 15-year-old female into the U.S. to wed a 24-year-old FLDS male member. Wilson, in the grounds for appeal, is arguing that three errors in law occurred: The trial judge erred in concluding that the actus reus needed for the charge requires proof that the accused or complainant be physical- ly present in Canada in order for the offence to have been committed; the trial judge erred by concluding that the principles governing prosecutions based upon circumstantial evidence were applicable to the circumstances of the respondent; and, finally, the judge erred by drawing the speculative inference that the respondent or complainant may not have been in Canada at the time of the commission of the offence even though there was no evidence support- ing the inference. Wilson is asking for the acquittal to be set aside and that Oler be found guilty or that a new trial be ordered. — JEAN SORENSEN \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP JOHN LEHMANN/THE GLOBE AND MAIL Daily updates Comprehensive tracking Backed by experts Unique in Canada KEEP YOUR FINGER ON THE PULSE Get real-time updates on new and current laws delivered right to your inbox. Canadian Legislative Pulse ® tracks bills for all Canadian jurisdictions. It also tracks changes to regulations for every province (except Quebec). Users enjoy daily updates, customized email alerts, and simple search templates - all optimized for a great user experience. Canadian Legislative Pulse ® delivers legal insight lexisnexis.ca/legislativepulse ntitled-8 1 2017-03-15 10:01 AM

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