R v Dunn, 2024 ABCA 56

In the Court of Appeal of Alberta Citation: R v Dunn, 2024 ABCA 56 Date: 20240220 Docket: 2301-0105A Registry: Calgary Between: His Majesty the King Respondent (Respondent) - and - Alexander Dunn Respondent (Appellant) - and - Calgary Police Association Applicant (Proposed Intervenor) _______________________________________________________ Oral Reasons for Decision of The Honourable Justice Patricia Rowbotham _______________________________________________________

Application for Leave to Intervene _______________________________________________________ Oral Reasons for Decision of The Honourable Justice Patricia Rowbotham _______________________________________________________ [ 1 ] This is my decision in the matter of the application of the Calgary Police Association to intervene in the sentence appeal in His Majesty the King v Alexander Dunn. [ 2 ] I am persuaded to grant the application of the Calgary Police Association to intervene in this appeal for the following reasons. [ 3 ] In my view, the police will be directly affected by this decision as there are broader implications, or potentially broader implications, beyond the interests of Mr.

Dunn alone. The court may be asked to determine, once convicted, at what point a police officer is subject to a jail sentence to denounce their conduct. This is of interest not only to the police, but also to the question of public safety. The intervention will assist the court in determining whether to give broader guidelines or to be persuaded simply to address the circumstances of Mr. Dunn. [ 4 ] The decision of Dilts J reported at 2023 ABKB 192 is now a precedent which I am informed has been followed. In my view, the appeal to this court is an important case from a policing perspective.

The Calgary Police Association is uniquely positioned to provide the court with submissions beyond those of Mr. Dunn and the Crown. [ 5 ] The application is granted. [ 6 ] The Case Management Officer has set out deadlines. The intervenor’s factum will be due the same day as the appellant’s factum which is February 21, 2024. The page limit is 15 pages. I will suggest that the oral submissions be 20 minutes, but I will leave that to the panel. The Crown’s factum is due March 5, 2024. Application heard on February 8, 2024 Reasons filed at Calgary, Alberta this 20th day of February, 2024 Rowbotham J.A.

Appearances: T.L. Couillard for the Respondent, His Majesty the King

A. Hepner, KC for the Respondent, A. Dunn A.A. Sanders for the Applicant