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)

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

Just Posted

The Red Chris open pit mine approximately 80 km south of Dease Lake. The province and Tahltan will start negotiations on the first consent-based decision-making agreement ever to be negotiated under DRIPA with regards to two mining projects in northern B.C. (Newcrest Mining photo)
B.C. to begin DRIPA-based negotiations with Tahltan First Nation on two northwest mining projects

Negotiations on Red Chris and Eskay Creek mines to commence soon in accordance with Section 7 of DRIPA

President of the Tahltan Central Government, Chad Norman Day, surveys Tahltan territory by helicopter in this July 2019 handout photo. The Tahltan Nation and the British Columbia government have struck what officials say is a historic agreement for shared decision-making for the nation’s territory in northwestern B.C., a hot spot for mineral exploration. Day says the deal shows they are “getting closer and closer to a true nation-to-nation relationship.” THE CANADIAN PRESS/HO - Tahltan Central Government
Tahltan Nation, B.C. government sign agreement for shared decision-making

Deal commits the province and the northwest B.C. nation to developing a land-use plan

Tahltan First Nation wildlife guardian, Jarett Quock, above and below right, was awarded the Outstanding Individual Leadership Award by the Indigenous Leadership Initiative on June 3. (Photos courtesy Adam Amir)
Tahltan wildlife guardian receives outstanding leadership award

Jarett Quock’s contributions were recognised by the Indigenous Leadership Initiative

Taylor Bachrach, NDP MP for Skeena-Bulkley Valley addresses Parliament on June 7, in call for the federal government to stop fighting Indigenous children in court and to implement the Truth and Reconciliation Commission’s Call to Action. (Image: supplied from Facebook)
NDP motion calling for immediate reconciliation action passes

Skeena-Bulkley MP Taylor Bachrach addresses federal Parliament

The farmhouse in Glentanna where the founding meeting of the Bulkley Valley Credit Union took place on April 14, 1941. (BV Museum archive)
Bulkley Valley Credit Union announces finalists for legacy project donation

Community can vote for one of the three finalists from each area

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

(Paul Henderson/ Chilliwack Progress)
Trutch Avenue in Chilliwack to be renamed to remove racist taint

New name to have Indigenous significance as Chilliwack takes new step toward reconciliation

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa, Tuesday, Jan. 12, 2021. The number of confirmed COVID-19 cases attributed to the highly contagious Delta variant grew in Canada this week. THE CANADIAN PRESS/Adrian Wyld
Canada’s public health agency reports spike in confirmed cases of Delta variant

More than 2,000 cases of the variant confirmed across all 10 provinces and in one territory

Bella Bella is on B.C.’s Central Coast, accessible only by air and ocean. (Tom Fletcher/Black Press)
B.C. provides $22 million for Heiltsuk development on Central Coast

Elders care home project, tourism, lumber mill supported

The federal government says it wants to ban most flavoured vaping products in a bid to reduce their appeal to youth. THE CANADIAN PRESS/AP-Craig Mitchelldyer
Health Canada proposes ban on most vaping flavours it says appeal to youth

If implemented, the regulations would restrict all e-cigarette flavours except tobacco, mint and menthol

Seth Rogen’s vibrant orange sculpture was sold for $7,000 above Vancouver Art Gallery’s initial estimation at auction Tuesday. June 15. (Heffel Fine Arts)
Vase made by Seth Rogen sells for $12,000 at Vancouver auction

The B.C.-born comedian has a new pot habit and it’s paying off

BC Lions running back John White IV (3) runs with the ball during first quarter CFL football action against the Ottawa Redblacks in Ottawa on Saturday, September 21, 2019. THE CANADIAN PRESS/ Patrick Doyle
BC Lions file trademark for new logo

Canadian Football League team files for new design on June 1

The remains of the Mid-Island Co-op in Whiskey Creek along the Alberni Highway on Friday, June 18, after a blaze the day before devastated the gas station. (Michael Briones photo)
VIDEO: Camper van explosion burns Vancouver Island gas station to the ground

Nine fire departments responded to the incident, no injuries reported

Most Read