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

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

Just Posted

FILE – Wet’suwet’en hereditary chiefs have agreed to sign a memorandum on rights and title with B.C. and Ottawa, but elected chiefs are demanding it be called off over lack of consultation. (Thom Barker photo)
Wet’suwet’en hereditary chiefs, Lake Babine Nation get provincial funding for land, title rights

Government says it’s a new, flexible model for future agreements between Canada, B.C. and First Nations.

The property on which a residential school (pictured) that was torn down years ago in Lower Post is to be the location of a cultural centre. (Indian Residential School History and Dialogue Centre photo)
Lower Post residential school building to be demolished, replaced with cultural centre

Project to be funded by federal and provincial governments, Daylu Dena Council

Photo collage of loved ones lost to substance use and overdose. (Photo courtesy Moms Stop The Harm)
B.C. overdose deaths still rising 5 years after public health emergency declared

Moms Stop the Harm calls on B.C. to provide safe supply in response to deadly illicit drug use

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has suspended indoor dining at restaurants and pubs until at least April 19 in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C. sets new COVID-19 daily record with 1,293 cases Thursday

New order allows workplace closures when infections found

The new 3,500 hectare conservancy in Tahltan territory is located next to Mount Edziza Provincial Park. (BC Parks Photo)
New conservancy protects sacred Tahltan land near Mount Edziza Provincial Park

Project is a collaboration between Skeena Resources, conservation groups and the TCG

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

People are shown at a COVID-19 vaccination site in Montreal, Sunday, April 18, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
Nothing stopping provinces from offering AstraZeneca vaccine to all adults: Hajdu

Health Canada has licensed the AstraZeneca shot for use in people over the age of 18

Deputy Prime Minister and Minister of Finance Chrystia Freeland responds to a question during Question Period in the House of Commons Tuesday December 8, 2020 in Ottawa. The stage is set for arguably the most important federal budget in recent memory, as the Liberal government prepares to unveil its plan for Canada’s post-pandemic recovery even as a third wave of COVID-19 rages across the country. THE CANADIAN PRESS/Adrian Wyld
Election reticence expected to temper political battle over federal budget

Opposition parties have laid out their own demands in the weeks leading up to the budget

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

(Black Press file photo).
UPDATED: Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. finance minister to table historic pandemic-challenged deficit budget

Budget aims to take care of people during pandemic while preparing for post-COVID-19 recovery, Robinson said

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Most Read