Digest: R v Pinacie-Littlechief, 2015 SKQB 397

• Date: December 14, 2015

Reported as: 2015 SKQB 397

Docket Number: CRM 28/15 JCR , QB17485

Court: Court of Queen's Bench

Date: 2015-12-14

Judges:

• Chow

Subjects:

• Criminal Law � Judicial Interim Release

Digest: The accused was charged with second degree murder contrary to s. 235(1) of the Criminal Code. She applied for judicial interim release pursuant to s. 522(2) of the Code. The accused, a 20-year-old Aboriginal woman, had stabbed a man who later died of his injuries. The incident had occurred during a party at which everyone had been drinking heavily. Many of the witnesses could not remember what had happened. The accused said that she acted in self-defence. The accused had no criminal record and was attending university. She filed a number of references that attested to her good character. If released, the accused would live with her parents on reserve and they would ensure that she attended all court appearances. Gladue factors were raised as pertinent to the court�s consideration of whether to grant bail.
HELD: The application was granted and the accused was released upon entering into a recognizance containing terms such as residing with her parents, being subject to electronic monitoring and observing a curfew, and having no contact with the witnesses. The court found that the accused had met the onus of demonstrating that her continued detention was not justified on the primary, secondary or tertiary grounds set out in s. 515(10) of the Code. Although the court held that Gladue factors were relevant to consideration of bail, the accused had provided little evidence of such factors in this application.

Federal Statutes Considered:

• Canadian Victims Bill of Rights Act, SC 2015, c 13, s 2
• Canadian Victims Bill of Rights Act, SC 2015, c 13, s 3
• Charter of Rights, s 11(e)
• Criminal Code, RSC 1985, c C-46, s 235
• Criminal Code, RSC 1985, c C-46, s 235(1)
• Criminal Code, RSC 1985, c C-46, s 515(10)
• Criminal Code, RSC 1985, c C-46, s 515(10)(a)
• Criminal Code, RSC 1985, c C-46, s 515(10)(b)
• Criminal Code, RSC 1985, c C-46, s 515(10)(c)
• Criminal Code, RSC 1985, c C-46, s 515(13)
• Criminal Code, RSC 1985, c C-46, s 518
• Criminal Code, RSC 1985, c C-46, s 522(2)
• Criminal Code, RSC 1985, c C-46, s 522(3)
• Criminal Code, RSC 1985, c C-46, s 718.2(e)

Cases Considered:

• Jocko v Canada (Attorney General), 2012 ONSC 4219, 102 WCB (2d) 400
• R v Brant, [2008] OJ No. 5375, 89 WCB (2d) 431
• R v Bray (1983), 144 DLR (3d) 305, 32 CR (3d) 316, 2...