Obtaining a Mistrial in Alberta
In the recent case of , Roberts v Edmonton Northlands, 2022 ABQB 515 the court considered mistrials in Alberta.
The Court said at paragraph 7:
In R v Burke, 2002 SCC 55 at para 75, Justice Major directed trial judges deciding mistrial applications with the following test: “in declaring a mistrial, the trial judge therefore turns his or her mind to the question of whether a mistrial is needed to prevent a miscarriage of justice.”
 The following legal principles govern an application for a mistrial in both civil and criminal matters:
• The onus to demonstrate the necessity of a mistrial rests on the party seeking the mistrial: GDB at para 27.
• A court should generally only opine on competence of counsel if it is apparent that prejudice has occurred: GDB at para 29.
Generally, the courts try to avoid mistrials if possible. If you would like advice on a matter related to this article please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.