Carol Berner, the woman convicted of impaired and dangerous driving in connection with the 2008 death of toddler Alexa Middelaer, is expected to learn in two weeks when her appeal will be heard.
Crown counsel John Gordon told Peace Arch News last week that he and Berner’s lawyer, David Tarnow, are due back in B.C. Court of Appeal chambers July 14.
“I fully expect we will have a date for the hearing of the appeal fixed,” Gordon said.
Berner, 58, was convicted last July, following a four-week trial in Surrey Provincial Court. Her sentence included 2½ years in prison and a five-year driving prohibition.
She learned in November that an appeal of her conviction and sentence had merit, however, a date for the hearing was not set, and she was released on bail until June 15.
Gordon said a bail extension was granted until July 15 during an appearance in appeal court chambers earlier this month. He expects it will be further extended at the July 14 meeting until the actual hearing date.
Typically, appeal cases are heard within a year from the date an appeal is filed, with three judges presiding.
He noted the judge presiding over the process to date “has expressed a very strong view” that the appeal should be dealt with within the one-year guideline. At the June appearance, bail was only extended by a month “because the judge wanted to keep the flame to Mr. Tarnow’s feet,” he said.
Gordon said an appeal of this nature usually given half a day to be heard. For anything longer, Tarnow would have to prove special circumstances, he said.