Head and Head v. Trudel, P.C.J., (1988) 54 Man.R.(2d) 145 (QB)

• Judge: Kroft, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 10, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 54 Man.R.(2d) 145 (QB)

Head v. Trudel, P.C.J. (1988), 54 Man.R.(2d) 145 (QB)

MLB headnote and full text

Zaccheus Head and Lizzie Head (applicants) v. His Honour Judge Robert Trudel (respondent)

(Suit No. 99/87 CIV.)

Indexed As: Head and Head v. Trudel, P.C.J.

Manitoba Court of Queen's Bench

The Pas Centre

Kroft, J.

May 10, 1988.

Summary:

An inquest was ordered under the Fatal Inquiries Act into the shooting death of Head during an incident between himself and several members of the R.C.M.P. The presiding Provincial Court judge, at the conclusion of the inquiry, made oral findings as to when, where and by what means the deceased came to his death and presented a brief statement of what he considered to be the material circumstances attending the fatality. He attributed blame or responsibility to no one. Subsequently, as required, he filed a written report. The parents of the deceased applied to quash the report and for an order that a new inquest be held. Alternatively, they applied for a reopening of the inquiry subject to an order of mandamus directing that certain specific evidence be received. The parents also sought mandamus to assure that all exhibits adduced at the inquest and the judge's written report be deposited with the court and preserved.

The Manitoba Court of Queen's Bench dismissed the application, but ordered that the evidence and exhibits adduced at the inquest be held and preserved at the court.

Coroners - Topic 4001

Inquests - Nature of - The Manitoba Court of Queen's Bench referred to the nature of an inquest held under the Fatal Inquiries Act - See paragraphs 10 to 11.

Coroners - Topic 4002

Inquests - Purpose of - The Manitoba Court of Queen's Bench referred to the purpose of an inquest held under the Fatal Inquiries Act - See paragraphs 10 to 11.

Coroners - Topic 4067

Inquests - Judicial review - Grounds for quashing - General - The Manitoba Court of Queen's Bench held that only in rare circumstances will a court intervene in the conduct of an inquest under the Fatal Inquiries Act with orders to quash or of mandamus - See paragraph 12 - On an application to quash, the court should consider whether there was anything so fundamentally improper or unfair about the conduct of the inquest as to warrant judicial interference - See paragraph 19 - The court stated that it could not overrule the presiding judge's findings of fact - See paragraph 33.

Coroners - Topic 4067

Inquests - Judicial review - Grounds for quashing - General - An inquest under the Fatal Inquiries Act was held into the shooting death of a citizen by an R.C.M.P. officer - The presiding judge attributed blame or responsibility to no one - The deceased's parents applied to quash or reopen the inquest - The Manitoba Court of Queen's Bench refused, where there was nothing fundamentally improper or unfair about the conduct of the inquest, despite implied criticism by the court of the presiding judge's failure to grant an adjournment and despite the judge's limitation of the cross-examination - The court stated that while the judge exercised his discretion in a narrow and restrictive way, his conduct did not violate the principles of fundamental justice - See paragraphs 22 to 23, 27.

Cases Noticed:

Young v. Attorney General of Manitoba et al. (1960), 33 W.W.R.(N.S.) 3, consd. [para. 13].

Re Brown et al. and Patterson (1974), 21 C.C.C.(2d) 373, consd. [para. 13].

Re Reid et al. and Wigle (1980), 114 D.L.R.(3d) 669, consd. [para. 13].

Statutes Noticed:

Fatal Inquiries Act, S.M. 1975, c. 9; C.C.S.M., c. F-52, sect. 9(3) [para. 1]; sect. 14, sect. 15, sect. 16, sect. 18(1), sect. 20(1) [para. 26].

Counsel:

Donald G. Bjornsson, for the applicants;

D. Dutchin, for the respondent.

This application was heard before Kroft, J., of the Manitoba Court of Queen's Bench, whose decision was delivered on May 10, 1988.