COURT OF APPEAL OF ALBERTA

Form CRA-B
2101-0292A [Rule 16.7]
COURT OF APPEAL FILE NUMBER: --------------------
2001 - A
TRIAL COURT FILE NUMBER: 170015663Q1
FILED
REGISTRY OFFICE: Calgary 22 Nov 2021

RESPONDENT: Her Majesty the Queen KL

APPELLANT: TREVOR IAN JAMES LINDSAY

DOCUMENT: NOTICE OF CRIMINAL APPEAL

ADDRESS FOR SERVICE AND Alias Sanders
CONTACT INFORMATION OF Barrister
PARTY FILING THIS DOCUMENT: Box 701, Station T
Calgary, Alberta T2H 2H2
Tel: 403-294-9495
Fax: 403-294-9599
Cell: 403-606-6456
Email: sandersa@shaw.ca
AND
CONTACT INFORMATION OF ALL Appeals, Education & Prosecution Policy
OTHER PARTIES: Branch
300 -6th Avenue SW, Centrium Place
Calgary, AB T2P 0B2
Ph: 403-297-6005 | Fax: 403-297-3453
JSG-ACPS.CAL-Appeals@gov.ab.ca

And

Appeals, Education & Prosecution Policy

Branch
3rd Floor, Bowker Building
9833 – 109 Street
Edmonton, Alberta T5K 2E8
Ph: 780-422-5402 Fax 780-422-1106
JSG-ACPS.EDM-Appeals@gov.ab.ca

1. The Appeal is in respect of: ☒ an indictable offence, or ☐ by way

of further Appeal from the Court of Queen’s Bench in respect of a
summary conviction offence

2. Place of Trial: Calgary

3. Name of Judge: M.J. Lema

4. Name of Court: Queen’s Bench

5. Name of Crown Prosecutor at Trial: John Baharustani

6. Name of Defence Counsel at Trial: D.W. MacLeod, Q.C.,

7. Offences of which Appellant convicted or acquitted

(Summarize each charge the appellant is appealing as it appears in the information or
indictment, the plea, and the sentences imposed.)

Offence Name Section Plea Sentence

Aggravated assault 268 Not 90 days incarceration
guilty (intermittent) plus probation
for one year and ancillary
orders

8. Date of Sentence or Acquittal: October 21, 2021

9. If the Appellant is in custody, place of incarceration: n/a

TAKE NOTICE that the Appellant: (check all of the following that are
applicable)

☒ appeals against conviction (or acquittal) on grounds involving a

question of law alone
☒ applies for permission to appeal his conviction on grounds involving
a question of fact alone, or a question of mixed law and fact, and if
permission is granted, hereby appeals against conviction
☐ applies for permission to appeal against sentence, and if
permission is granted, appeals against the sentence.

10. The grounds of appeal are attached.

11. The relief sought is:

Set aside the conviction and enter an acquittal or order a new trial.

The Appellant ☐ wishes ☒ does not wish to be present at the hearing of

the Appeal (s. 688).

If a new Trial is ordered and the Appellant has a right to trial by judge and
jury, the Appellant
☒ wishes ☐ does not wish the new trial to be by judge and jury (s. 686(5)).

Dated on November 19, 2021 at Calgary, Alberta

Counsel for the Appellant: ________________________________

Appendix: Grounds for Appeal

12. The trial judge erred by:

engaging in a segmented or piecemeal analysis rather than considering

the evidence as a whole;

misapprehending evidence;

making findings of fact in the absence of evidence;

engaging in speculation as a basis for fact-finding;

failing to reconcile findings of fact with evidence that was not rejected;

failing to consider whether evidence that was not rejected gave rise to a
reasonable doubt;

wrongly assessing the reasonableness of accused’s actions or

perceptions or whether the force used was excessive or disproportionate;

such other grounds as this Court may permit.