R. v. Aitken (D.R.), (1995) 138 Sask.R. 187 (QB)

• Judge: MacLean, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: November 23, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 138 Sask.R. 187 (QB)

R. v. Aitken (D.R.) (1995), 138 Sask.R. 187 (QB)

MLB headnote and full text

Her Majesty The Queen, on the information and complaint of J.A. Carr (appellant) v. Dana Russell Aitken, of Moose Jaw, Saskatchewan (respondent)

(1995 Q.B. No. 56)

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

Saskatchewan Court of Queen's Bench

Judicial Centre of Moose Jaw

MacLean, J.

November 23, 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, in a decision reported at 129 Sask.R. 66, 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. The Crown appealed.

The Saskatchewan Court of Queen's Bench dis­missed the appeal.

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 - There was an actual conflict between the testimony and one piece of information which had been disclosed to the defence - The accused made a Charter application, alleging that his right to make full answer and defence was infringed by the Crown's failure to make complete and accurate disclosure - The trial judge found that the accused was denied the right to make full answer and defence and granted a stay of proceedings - The Saskatchewan Court of Queen's Bench affirmed the decision.

Criminal Law - Topic 4505

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

Cases Noticed:

R. v. Hamilton (K.W.) (1994), 125 Sask.R. 8; 81 W.A.C. 8 (C.A.), consd. [para. 7].

R. v. Douglas (E.) et al. (1991), 168 N.R. 2; 71 O.A.C. 74; 5 O.R.(3d) 29 (C.A.), consd. [para. 11].

Counsel:

G.G. Mitchell, for the appellant;

A.G. McIntyre, for the respondent.

This appeal was heard before MacLean, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Moose Jaw, who delivered the following judgment on November 23, 1995.