Alberta’s top court upholds conviction in deaths of couple and grandson

Douglas Garland was convicted of first-degree murder in the deaths of a couple and their grandson

FILE - Douglas Garland is escorted into a Calgary police station in connection with the disappearance of Nathan O’Brien and his grandparents in Calgary, Alta., Monday, July 14, 2014. (Jeff McIntosh / THE CANADIAN PRESS)

Alberta’s top court has upheld the conviction of a man who killed a couple and their grandson, dismissing objections to the warrantless search of his farm, disturbing photographs shown at trial and comments the judge made to jurors.

Douglas Garland was convicted in 2017 of first-degree murder in the deaths of Alvin and Kathy Liknes and Nathan O’Brien more than five years ago.

He is also appealing his life sentence with no chance of parole for 75 years.

The couple and the boy vanished after an estate sale at the Liknes home in Calgary. Five-year-old Nathan was there for a sleepover.

The victims’ bodies were never recovered, but bone fragments, burned flesh and teeth were found in ash from a burning barrel on Garland’s property.

“On arriving at the farm on July 4, 2014, the police had a decision to make: to enter without a search warrant with the hope that the victims may still be alive but in need of medical assistance, or wait to enter until a search warrant authorizing a search of the property could be obtained,” the panel of three Appeal Court judges wrote in its decision released Friday.

“They chose the former.”

READ MORE: Sentencing postponed in Castor triple homicide

The officer in charge told his colleagues to only search buildings and receptacles that were large enough to hide a body.

“Significantly, it was not alleged the police had an ulterior motive for entering into the appellant’s property and searching it, other than to find the victims, hopefully still alive,” the judges wrote.

“We see no basis to interfere.”

The judges also took no issue with the information provided for the search warrant that was later issued.

“All told, (it) was a thorough document that went into great detail in summarizing the evidence known to the (Calgary Police Service) at the time,” they wrote.

“It provided a detailed account of witness interviews, crime scene photographs and analysis, expert opinions, CCTV video analysis and an extensive summary of the findings at the Garland farm during the warrantless search.

“We can see no error or reason to interfere with these conclusions.”

The Appeal Court also dismissed an argument that the trial judge erred when he allowed jurors to see gruesome photographs found on a hard drive in Garland’s basement, including ones depicting dismembered, diapered and restrained women.

The judges wrote that decisions on evidence that is clearly prejudicial but also affords proof of something are difficult.

“They are best left to the trial judge, who has a full appreciation of the nuances of the case, to decide. Absent a palpable or overriding error, such decisions are entitled to deference.”

READ MORE: Two men guilty in murders of Alberta family could face 75 years

Comments the trial judge made to jurors acknowledging the disturbing nature of the evidence they heard did not show bias, they added.

“With respect, viewed in the context of this difficult trial, we find nothing inappropriate about these comments.”

Lauren Krugel, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Fernie Chamber of Commerce signs lease for downtown coworking space

By: Brad Parsell, Executive Director Fernie Chamber of Commerce The Fernie Chamber… Continue reading

Province looking at steps to dissolve Jumbo resort municipality

Disincorporating municipality will likely require a legislative change, according to the province

Elkford curlers dominate East Kootenay Playdowns

The East Kootenay High School Curling Playdowns took place in Fernie last weekend

Almost 20,000 parking tickets issued by Interior Health at hospitals in 2019

In 2018, pay parking in Interior Health hospitals totalled $5.3 million of their $2.2-billion budget

Ghostriders extend win streak to eight games

The action and energy grew exponentially at Friday night’s Ghostriders game. The… Continue reading

Four things ‘not’ to do if you run into Prince Harry and Meghan in B.C.

Here is a list of some things you definitely should NOT do, according to the BBC

B.C. RCMP spent roughly $750K on massive manhunt for Port Alberni men

Manitoba RCMP helped with 17-day search through the province’s northern terrain

Future space homes could be made of mushrooms

NASA explores use of fungi to build structures in space

Man killed by police in Lytton called 911, asking to be shot: RCMP

Howard Schantz, also known as Barry Schantz was killed following a standoff at his Lytton home

Canadian public health agencies ramping up preparations in response to new virus

Health officials have said there are no confirmed cases of the emerging coronavirus in Canada

‘Naughty boy’: Monty Python star Terry Jones dies at 77

The comedian has been suffering from a rare form of dementia

Theo the 800-pound pig trimmed down and still looking for love on Vancouver Island

“He’s doing really well, lost quite a few pounds and can run now.”

Horgan unveils B.C. cabinet shuffle changes

Premier John Horgan has made three major changes to his cabinet

Most Read