R. v. Aitken (D.R.), (1995) 129 Sask.R. 66 (ProvCt)

• Judge: Muir, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: February 16, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 129 Sask.R. 66 (ProvCt)

R. v. Aitken (D.R.) (1995), 129 Sask.R. 66 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Dana Russell Aitken

Indexed As: R. v. Aitken (D.R.)

Saskatchewan Provincial Court

Judicial Centre of Moose Jaw

Muir, P.C.J.

February 16, 1995.

Summary:

The accused's trial for impaired driving was completed and the case was adjourned for decision. Prior to the decision being ren­dered, the accused made a Charter applica­tion based on the alleged failure of the Crown to make full disclosure.

The Saskatchewan Provincial Court found that the accused was denied the right to make full answer and defence. The court allowed the Charter application and granted a stay of proceedings.

Civil Rights - Topic 3133

Trials - Due process - Fundamental jus­tice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to make full answer and defence -[See Civil Rights - Topic 8374 ].

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - At the accused's trial for impaired driving, certain evidence was adduced during the testimony of a military police officer, which had not been dis­closed to the accused by the Crown and which only became known to him during the officer's testimony - That evidence included, inter alia, the officer's testimony that the accused staggered and was unsure on his feet, that in attempting to call duty counsel the accused improperly dialled the number, and that when the accused was asked to produce his driver's licence, he skipped over the licence before locating it - The Saskatchewan Provincial Court granted a stay of proceedings, holding that the accused was denied the right to make full answer and defence in breach of his Charter rights.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evi­dence and proof - [See Civil Rights - Topic 8374 ].

Criminal Law - Topic 4505

Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial - [See Civil Rights - Topic 8374 ].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, generally [para. 2].

Criminal Code, R.S.C. 1985, c. C-46, sect. 253(a), sect. 253(b) [para. 1].

Counsel:

S. Pratschler, for the Crown;

A.G. McIntyre, for the accused.

This application was heard before Muir, P.C.J., of the Saskatchewan Provincial Court, Judicial Centre of Moose Jaw, who delivered the following judgment on February 16, 1995.