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

Condemned building of the Twin Gables Motel in Crofton is not safe and yet a teen has been climbing around on the roof while others were ripping the siding off the building. (Submitted)
Destructive behaviour by teens wreaking havoc on Crofton

Residents becoming fed up with the constant vandalism and fires

This tractor was stolen from Providence Farm near Duncan between May 6 and 7, 2021. (Submitted)
Tractor stolen from Cowichan’s Providence Farm

John Deere X300 model was swiped between May 6 and 7

The organizers of the annual 39 days of July festival hope to return to live shows in Charles Hoey Park this year, like in this photo taken in 2019, but audiences at the show may be limited to 50 people due to health protocols. (File photo)
39 Days of July hoping for outdoor events in Duncan this summer

Annual music festival will run from June 25 to Aug. 2 this year

Cowichan Valley WildSafeBC coordinator Amanda Crowston teaches a Grade 5/6 class at Ecole Cobble Hill last fall. (Submitted)
The bears are back in town and so is WildSafeBC

The bears are back in town so keep an eye out, reminds… Continue reading

B.C. Labour Minister Harry Bains in the B.C. legislature, May 13, 2019. (Hansard TV)
VIDEO: B.C. to provide 3 days of sick pay for COVID-19 absences

Province will support employers on cost, labour minister says

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 rate creeps up again, 600 new cases Wednesday

One more death, 423 people in hospital with virus

B.C. Agriculture Minister Lana Popham takes questions in the B.C. legislature in 2017. (Hansard TV)
UPDATE: B.C. will fund another year of fresh fruit, vegetables, milk in schools

John Horgan government working on school meal program

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

Surrey RCMP is releasing sketches of a suspect in an “indecent act” at the Coyote Creek Elementary playground on April 30, 2021. Police said the suspect was clean-shaven “during some interactions” and on “other occasions had stubble outlining a goatee and mustache.” (Images: Surrey RCMP handout)
Vancouver mayor-elect Kennedy Stewart addresses supporters in Vancouver on Sunday, Oct. 21, 2018. THE CANADIAN PRESS/Darryl Dyck
Vancouver mayor says there’s no time to redo details of drug decriminalization plan

Kennedy Stewart says a federal election could see the small window of opportunity close on the city’s bid for an exemption from criminal provisions on simple possession of small amounts of drugs

These are just a handful of Vancouver Island’s missing person cases. Clockwise from top left: Lisa Marie Young, Lindsey Nicholls, Micheal Dunahee, Jesokah Adkens, Belinda Cameron and Emma Fillipoff. (File photos courtesy of family members and police departments)
Could Victoria skull fragment bring closure to an Island missing persons mystery?

Skeletal remains found in Greater Victoria have not yet been identified

Premier Mike Horgan received his first dose of a COVID-19 vaccine. (Facebook/John Horgan)
More than 50% of people eligible in B.C. have received 1st vaccine dose

‘We’ve made extraordinary progress together over the past few weeks,’ says Premier Horgan

The Independent Investigations Office of B.C. is investigating the shooting of a Tla-o-qui-aht First Nation woman in the Ucluelet First Nation community of Hitacu on May 8. (Black Press Media file photo)
Indigenous woman shot by police was holding a replica gun, says Ucluelet First Nation

Woman has been identified as a member of the Tla-o-qui-aht First Nation

Most Read