Citation: R. v. R.C. (P.) Date: PESCTD 22 Docket: GSC Registry: Charlottetown

Similar documents
PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION HER MAJESTY THE QUEEN LESLIE CAMERON KING

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION. Against. Gerard Joseph MacDonald

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION

Page: 1 PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION

R. v. LORNA BOURGET 2007 NWTTC 13 File: T-01-CR IN THE TERRITORIAL COURT OF THE NORTHWEST TERRITORIES HER MAJESTY THE QUEEN.

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION. Her Majesty the Queen. against. Corey Blair Clarke

J. M. Denis Lavoie Respondent

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION LOUISE PARKER

Citation: Duffy Const. v. Dennis Const Date: PESCTD 95 Docket: GSC Registry: Charlottetown

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION LAW SOCIETY OF PRINCE EDWARD ISLAND

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION HER MAJESTY THE QUEEN STACEY REID BLACKMORE

IN THE PROVINCIAL COURT OF NOVA SCOTIA Citation: R v. Robichaud, 2008 NSPC 51 HER MAJESTY THE QUEEN. - versus - PHILLIP ROBICHAUD

NOVA SCOTIA COURT OF APPEAL Citation: R. v. George, 2016 NSCA 88. Steven William George

COURT OF APPEAL FOR ONTARIO

COURT OF QUEEN S BENCH OF MANITOBA

ONTARIO COURT OF JUSTICE

IN THE SUPREME COURT OF NOVA SCOTIA APPEAL DIVISION. Clarke, C.J.N.S., Jones and Matthews, JJ.A. RAYMOND MARC LePAGE, -and-

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION

Mental Health Court Act

CROWN PROCEEDINGS ACT

1. The defendant, James Gauvin, is charged with two counts of uttering threats to kill a dog contrary to s (1)(c), two counts of killing an anim

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION

Page: 1 PROVINCE OF PRINCE EDWARD ISLAND PRINCE EDWARD ISLAND COURT OF APPEAL

SUMMARY PROCEEDINGS ACT

SUPREME COURT OF PRINCE EDWARD ISLAND. Her Majesty the Queen. and. Christopher Raymond O Halloran. Before: The Honourable Justice Wayne D.

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. MacIntosh, 2018 NSPC 23. v. Emily Anne MacIntosh DECISION REGARDING ADJOURNMENT

5.9 PRIVATE PROSECUTIONS

SUPREME COURT OF PRINCE EDWARD ISLAND. Between: Gabriel Elbaz, Sogelco International Inc. and Summerside Seafood Supreme Inc.

BILL NO. 15. Highway Traffic (Combating Impaired Driving) Amendment Act

Citation: R. v. Smith, 2003 YKTC 52 Date: Docket: T.C Registry: Whitehorse Trial Heard: Carcross

ONTARIO COURT OF JUSTICE

COURT OF APPEAL FOR BRITISH COLUMBIA

SUPREME COURT OF CANADA. CITATION: R. v. Punko, 2012 SCC 39 DATE: DOCKET: 34135, 34193

IN THE SUPREME COURT OF CANADA (Manitoba Court of Appeal) APPLICATION FOR LEAVE TO APPEAL (Supreme Court Act section 40 R.S., c.5-19, s.

SUPREME COURT OF CANADA

SUPREME COURT OF CANADA. Fish J. (Binnie J. concurring)

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Bruhm, 2018 NSSC 295. v. Austin James Douglas Bruhm. Voir Dire Decision

Bill C-10: Criminal Code Amendments (Mental Disorder) NATIONAL CRIMINAL JUSTICE SECTION CANADIAN BAR ASSOCIATION

Superior Court of Justice

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Bowser, 2016 NSPC 34. Her Majesty the Queen v. Joseph Wayne Bowser and Ricky Daniel Cameron

SUPREME COURT OF CANADA. CITATION: R. v. Miljevic, 2011 SCC 8 DATE: DOCKET: 33714

Citation: R. v. Long Date: PESCTD 87 Docket: S-1-GC-71 Registry: Charlottetown

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA

Citation: R. v. Cullen Date: PESCAD 16 Docket: AD-0862 Registry: Charlottetown

OFFICE OF THE INFORMATION & PRIVACY COMMISSIONER for Prince Edward Island. Order No. PP Re: Elections PEI. March 15, 2019

SUPREME COURT OF CANADA

IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2011 SKPC 180 Date: November 21, 2011 Information: Location: North Battleford, Saskatchewan

Citation: R. v. Finck, 2017 NSPC 73. Matthew Finck. Restriction on Publication: Pursuant to s of the Criminal Code DECISION ON SENTENCE

SUPREME COURT OF PRINCE EDWARD ISLAND

SUPREME COURT OF PRINCE EDWARD ISLAND. Her Majesty the Queen. Gordon Robert Hippenstall. Before: The Honourable Justice Benjamin B.

A Guide for Witnesses

Case Name: R. v. Cardinal. Between Her Majesty the Queen, Respondent, and Ernest Cardinal and William James Cardinal, Applicants. [2011] A.J. No.

Citation: Action Press v. PEITF Date: PESCTD 02 Docket: GSC Registry: Charlottetown

Youth Criminal Justice in Canada: A compendium of statistics

Citation: Gallant v. Piccott Date: PESCAD 17 Docket: AD-0859 Registry: Charlottetown

NOVA SCOTIA COURT OF APPEAL Citation: R. v. Hatt, 2017 NSCA 36. Her Majesty the Queen

CASE PROCESSING IN CRIMINAL COURTS, 1999/00 by Jennifer Pereira and Craig Grimes

McNeil Disclosure Packages

Citation: Jenkins v. HRC & ors. Date: PESCTD 34 Docket: S-1-GS Registry: Charlottetown

Schedule E to the Alberta Rules of Court (Alta. Reg. 390/68) AR 18/91 s1;220/93;47/2002;216/2002

Case Comment: Ictensev v. The Minister of Employement and Immigration

Case Name: R. v. McLean. Between Her Majesty the Queen, Crown, and Robert Andrew McLean, Accused. [2014] A.J. No ABPC 231

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Brown, 2016 NSPC 63. Her Majesty. v. Michael Anthony Brown. The Honourable Judge Paul Scovil

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

The Queen v. Therens, 1985

Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3

PRACTICE DIRECTIVES FOR CONTESTED APPLICATIONS IN THE PROVINCIAL COURT OF MANITOBA

Page: 1 PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - APPEAL DIVISION

Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

To him that you tell your secret you resign your liberty.

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Pike, 2018 NSSC 38. Jeremy Pike. v. Her Majesty the Queen

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82)

ONTARIO COURT OF JUSTICE

PROVINCIAL BUILDING CODE ACT

SUPREME COURT OF CANADA. CITATION: R. v. Summers, 2014 SCC 26 DATE: DOCKET: and. Sean Summers Respondent. - and -

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

The McLachlin Court in Criminal Law: A Principled and Pragmatic Court. By Justice Shaun Nakatsuru June 19, 2009 Ottawa

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Smith, 2017 NSSC 122. v. Tyrico Thomas Smith

SECTION 3 RECRUITMENT AND STAFFING CRIMINAL RECORDS CHECK CIVIL SERVICE ACT REGULATIONS GOVERNMENT DEPARTMENTS/AGENCIES

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Reeve, 2018 NSPC 30. v. Sherri Reeve DECISION RE: JURISDICTION OF PROVINCIAL COURT

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Fleet, 2015 NSPC 92. v. David Richard K. Fleet. Decision on Voir Dire

Schedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982

DANGEROUS GOODS (TRANSPORTATION) ACT

POLICE ACT GENERAL REGULATIONS

Court File No: SIGS SUPREME COURT OF PRINCE EDWARD ISLAND (GENERAL SECTION) KEVIN J. ARSENAULT

Between Her Majesty the Queen, and Brandon Oliver. [2011] O.J. No Ontario Court of Justice Brampton, Ontario. W.J. Blacklock J.

Canadian charter of rights and freedoms

ARREST AND RELEASE. Douglas G. Curliss Department of Justice (Canada) 10 th Floor, nd Avenue South Saskatoon, SK S7K 7E6

CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL]

PRINCE EDWARD ISLAND POPULATION REPORT 2017

DRUNKENNESS AS A DEFENCE TO MURDER

IN THE SUPREME COURT OF BRITISH COLUMBIA

SUPREME COURT OF PRINCE EDWARD ISLAND HER MAJESTY THE QUEEN. - against - FRANCES GEORGINA LAMOUREUX. BEFORE: The Honourable Justice Wayne D.

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT J. WILSON, KARAKATSANIS, AND BRYANT JJ. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Her Majesty the Queen (applicant/appellant) v. Richard Gill (respondent/respondent) (C53886; 2012 ONCA 607) Indexed As: R. v. Gill (R.

Ontario Justice Education Network

Transcription:

Citation: R. v. R.C. (P.) Date: 2000308 2000 PESCTD 22 Docket: GSC-17475 Registry: Charlottetown BETWEEN: AND: PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION HER MAJESTY THE QUEEN R.C. (P.) APPELLANT RESPONDENT Before: The Honourable Mr. Justice J. Armand DesRoches Darrell E. Coombs Respondent Solicitor for the Appellant Present - not represented Place and Date of Hearing Place and Date of Decision Charlottetown, Prince Edward Island February 8, 2000 Charlottetown, Prince Edward Island March 8, 2000

Citation: R. v. R.C. (P.) 2000 PESCTD 22 BETWEEN: AND: HER MAJESTY THE QUEEN R.C. (P.) GSC-17475 APPELLANT RESPONDENT Prince Edward Island Supreme Court - Trial Division Before: DesRoches, J. Date Heard: February 8, 2000 Date of Decision: March 8, 2000 [4 pages] CONSTITUTIONAL LAW - Charter of Rights and Freedoms. The Court allowed the Crown s appeal of a stay of proceedings imposed by the Provincial Court judge holding that the respondent s rights under s. 7 of the Charter of Rights and Freedoms had not been infringed. MOTOR VEHICLES - Young Offender. The Court held the ss. 11 and 56 of the federal Young Offenders Act were not applicable to the trial of a young offender charged for contravening the provincial Highway Traffic Act. Cases Considered: Chromiak v. R., [1980] 1 S.C.R. 471; R. v. Therens (1985), C.C.C. (3d) 481 (S.C.C.); R. v. Grafe (1987), 36 C.C.C. (3d) 267(Ont. C.A.); R. v. Lenihan, [1997] N.S.J. No. 93 (N.S.C.A.); Re Regina and S (1986), 26 C.C.C. (3d) 30 (Alta. Q.B.) Statutes Considered: Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5, s. 127(2)(a); Charter of Rights and Freedoms, ss. 7, 10, 24(2); Young Offenders Act, R.S.C. 1985, c. Y-1, ss. 2, 11, 56; Young Offenders (P.E.I.) Act, R.S.P.E.I. 1988, Cap. Y-1. Text Considered: R.E. Salhany, Canadian Criminal Procedure (5th ed.)

Darrell Coombs, solicitor on behalf of the Crown Respondent, present - not represented

DesRoches J.: THE FACTS [1] The respondent was charged with operating a motor vehicle with excessive noise or squealing tires, contrary to s. 127(2)(a) of the Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5. The Crown attempted to enter into evidence a statement made by the accused wherein he admitted upon police questioning that he was the driver of the vehicle at the material time of the incident. A question arose at the trial before the Provincial Court judge as to whether or not the respondent had been forewarned before police questioning that charges might be laid against him in connection with the incident. The learned Provincial Court judge indicated her understanding that the respondent had not been properly forewarned, and subsequently excluded the incriminating statement on the basis that the accused s rights against selfincrimination as guaranteed by s. 7 of the Charter of Rights and Freedoms had been infringed. The Court referred to s. 24(2) of the Charter as a basis for excluding the evidence. [2] The Crown appeals, submitting that the learned Provincial Court judge erred in her interpretation of the record. Specifically, the Crown points to the testimony of Constable O Shaugnessy, who stated on direct examination that she had advised the accused before questioning that he might be charged with an offence. [3] Moreover, the Crown submits that at no time during police questioning was the respondent detained in the legal sense of the word, and therefore the Crown contends that the preliminary question of a possible violation of the Charter s. 10 right to retain and instruct counsel is not a relevant consideration in this matter. [4] As an overarching proposition, the Crown submits that consideration of s. 10(b) of the Charter is irrelevant given the present context, since the matter at hand pertains to an offence created and governed by a provincial regulatory enactment. The Crown observes that the offence at issue was not created under the Criminal Code, nor does it import serious legal consequences if the accused is found guilty. As such, the Crown argues that it does not engage the constitutional protections for an accused that are provided under s. 10(b) of the Charter of Rights and Freedoms. [5] Alternatively, the Crown submits that even if there was a technical

Page: 2 breach of a s. 10(b) right, the breach was not of a serious nature, owing to the minimal legal consequences arising from conviction under a provincial regulatory scheme. [6] The respondent was a youth at the time of the incident. However, due to a procedural oversight, the respondent was not tried in Youth Court. It should be noted that the Crown has waived further proceedings against the respondent, and merely seeks clarification regarding the points of law raised on this appeal. Therefore no legal consequence against the respondent will ensue from this appeal. [7] Upon reviewing the transcript of trial proceedings, I conclude the police did in fact properly forewarn the respondent that there was a possibility of a charge being laid against him. The warning was communicated to the respondent before any further information was solicited from him. The transcript of the trial proceeding at p.12, lines 25-30, contains the following testimony by Constable O Shaughnessy:...[I] had indicated to him [the accused] that I would be visiting his residence some minutes later. I was in the Town of Stratford at the time, and I had indicated that he would be looking at being charged with this offence. [8] Therefore there was no infringement of the accused s right to liberty under s.7 of the Charter, and the statement by the accused need not have been excluded under s. 24(2) on that basis. [9] I further conclude there is no viable s. 10 Charter argument in this matter, since the respondent was not detained in a manner that would attract the protection afforded under s. 10(b). The circumstances surrounding the questioning of the accused in the present case did not involve an element of physical restraint that would constitute detention [see Chromiak v. R., [1980] 1 S.C.R. 471 at p.478]. Likewise, I am satisfied there was not present an element of psychological restraint, as defined by LeDain J. in R. v. Therens (1985), C.C.C. (3d) 481 (S.C.C.) at 505, that would be required in order to properly invoke s. 10 of the Charter. In R.E. Salhany s text on Canadian Criminal Procedure (5th ed.) the learned author quotes at p. 41 from the judgment of the Ontario Court of Appeal in R. v. Grafe (1987), 36 C.C.C. (3d) 267: Not every contact, however, between a police officer and a citizen will

Page: 3 constitute a psychological restraint which amounts to a detention. In Grafe, Krever J.A. was quick to stress that the Charter does not seek to insulate all members of society from all contact with constituted authority, no matter how trivial. [10] I conclude there was no evidence of a violation of s. 10(b) of the Charter in the present case. [11] The nature of the offence in the instant case falls distinctly under the purview of a provincial regulatory scheme. It is not a true crime and it is not contained within the federal Criminal Code. There is persuasive authority in support of the argument advanced by the Crown that such regulatory offences created under provincial statutory regimes should not be guided by the same constitutional considerations which surround Criminal Code offences. For example, in R. v. Lenihan, [1997] N.S.J. No.93 (N.S.C.A.) Hallett J.A. follows the ratio of the Supreme Court of Canada in R. v. Fitzpatrick when he observes at paragraph 34: The [Supreme Court of Canada] in R. v. Fitzpatrick made a statement that is particularly appropriate to the questions raised on this appeal. The Court stated at p.164: The principle against self-incrimination was never intended to assist individuals in committing regulatory offences, and should not be extended to protect the appellant from prosecution in the present case. The foregoing general observation was made in connection with the requirement for mandatory reports of fish landings for all persons participating in the commercial fishery...the observation does not derogate from the general statement that the principle against selfincrimination was never intended to assist persons in committing regulatory offences. I note, however, that it is not necessary to decide this issue on this appeal, and I decline to do so. [12] In a related vein, the question was raised by the Crown whether or not s. 11 and s. 56 of the federal Young Offenders Act, R.S.C. 1985, c. Y-1 are applicable in the context of a prosecution under the Young Offenders (P.E.I.) Act, R.S.P.E.I. 1988, Cap. Y-1 where the offence involved is an offence created under provincial enactment. The essence of the provisions contained in s. 11 and s. 56 of the federal Young Offenders Act are directed at an accused s right

Page: 4 to retain counsel upon arrest or detention and the admissibility of evidence, respectively. Both provisions are grounded in the protections for the rights of an accused provided by the Charter. [13] However, it is clear these provisions are limited to proceedings under that Act. Furthermore, as a result of the definition of offence in s. 2, the Act deals only with federal offences other than ordinances of the Northwest and Yukon Territories and, therefore, its provisions have no application to a proceeding instituted strictly under a provincial enactment. The Young Offenders (P.E.I.) Act, supra, provides a procedural scheme for proceedings in respect of offences committed by young persons. Its application is limited to offences against an Act of the Legislature of the province or a regulation, by-law or other instrument having the force of law in the province. It does not contain any specific reference to the Charter nor does it create any separate right to retain and instruct counsel. [14] Based on a textual analysis of the foregoing, it is reasonable to infer that there is a clear separation regarding the application of the federal Young Offenders Act and its provincial counterpart. As Moore C.J. indicated in Re Regina and S (1986), 26 C.C.C. (3d) 30, at p. 35:...The federal and provincial statutory regimes govern distinct offences. For these reasons, I would conclude that s. 11 and s. 56 of the federal Young Offenders Act are not applicable in the context of the case at bar. [15] For all of the above reasons, the appeal is allowed and a new trial is ordered. In view of the waiver by the Crown of further proceedings against the respondent, I anticipate no new trial will be conducted. March 8, 2000 J.