Alex Alvaro

The appellant appealed his convictions for attempted murder and counselling to commit murder after his ex-girlfriend was shot with a concealed crossbow.

The Crown's case was entirely circumstantial, relying on the appellant's strong financial and emotional motive, his request to an ex-biker friend to find a hitman, and his counter-surveillance conduct after the attack.

The Court of Appeal dismissed the appeal, finding no misapprehension of evidence, no palpable and overriding error in assessing the victim's testimony, no improper reliance on police opinion evidence, and that the verdicts were reasonable given the compelling circumstantial evidence.

The applicant, who pled guilty to manslaughter in 1986, sought a post-conviction disclosure order from the Crown in aid of an application for a Ministerial Review under s. 696.1 of the Criminal Code, claiming he had falsely confessed and was wrongfully convicted.

The Superior Court of Justice dismissed the application for a disclosure order as premature (because the applicant had not exhausted his appeals) and moot (because the Crown had already disclosed all available documents).

However, the court granted declaratory relief, holding that the superior court has jurisdiction under s. 24(1) of the Charter to make post-conviction disclosure orders in aid of a Ministerial Review, and that convicted persons do not need the Crown's consent to communicate with public officials regarding their convictions.