R. v. Avadluk (N.), (1979) 24 A.R. 530 (NWTSC)

• Judge: Tallis, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: October 20, 1979
• Jurisdiction: Northwest Territories
• Citations: (1979), 24 A.R. 530 (NWTSC)

R. v. Avadluk (N.) (1979), 24 A.R. 530 (NWTSC)

MLB headnote and full text

R. v. Avadluk (N.)

(2040C)

Indexed As: R. v. Avadluk (N.)

Northwest Territories Supreme Court

Tallis, J.

October 20, 1979.

Summary:

The accused was charged with assault causing bodily harm, the alleged victim of the assault being his wife. The accused suffered from a mental condition whereby he honestly believed that his wife had intimate sexual relationships with community officials. The accused was released on an order consented by the Crown. However, the Crown subsequently brought an application for review of the order under s. 457.6 of the Criminal Code.

The Northwest Territories Supreme Court held that having regard to the accused's mental condition and the surrounding circumstances, the accused's detention was necessary in the public interest and particularly for the protection and safety of the public. The Northwest Territories Supreme Court held that the review procedure was essentially a new hearing in which the presiding judge was entitled to determine anew the proper order to be made and to substitute his discretion for that of the justice of the lower court - see paragraphs 16 and 17.

Criminal Law - Topic 3326

Compelling appearance, detention and release - Trial delay - Review of release or detention of accused pending trial - Scope of review of order made pending trial - The accused was charged with assault causing bodily harm and was released on an order consented to by the Crown - The Crown subsequently brought an application for review of that order under s. 457.6 of the Criminal Code - The Northwest Territories Supreme Court held that the review procedure under s. 457.6 of the Code was essentially a new hearing in which the presiding judge was entitled to determine anew the proper order to be made and substitute his discretion for that of the justice of the lower court - The court stated that s. 457.6(8) of the Code contemplates the calling of additional evidence, and where additional evidence is called, it would be inconsistent to suggest that the procedure involved was one in the nature of a strict appeal where the presiding judge should decline to set aside the order in the absence of a demonstrable error or additional evidence - See paragraphs 6 to 8.

Criminal Law - Topic 3300

Compelling appearance, detention and release - Interim release of accused pending trial or appeal - General - The Northwest Territories Supreme Court referred to recommendations of appropriate procedures to be followed in bail proceedings where the accused is mentally disordered - See paragraph 17.

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release of accused pending trial or appeal - Detention necessary for protection of public - The accused was charged with assault causing bodily harm, the alleged victim of the assault being his wife - The accused suffered from a mental condition whereby he honestly believed that his wife had intimate sexual relationships with community officials - The Northwest Territories Supreme Court held that having regard to the accused's mental condition and the surrounding circumstances, the accused's detention was necessary in the public interest and particularly for the protection and safety of the public - See paragraphs 16 and 17.

Cases Noticed:

Powers v. The Queen (1973), 9 C.C.C. (2d) 533, refd to. [para. 6].

R. v. Neverson (1977), 33 C.C.C.(2d) 457, refd to. [para. 6].

Attorney General of Canada v. Roy, 18 C.R.N.S. 89, consd. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 457.6(3) [para. 5]; sect. 457.6(8) [para. 6]; sect. 457(7)(b) [para. 13].

Authors and Works Noticed:

Law Reform Commission, Mental Disorder and Bail, p. 11 [para. 17].

Counsel:

J.U. Bayly, for the Crown;

D.C. Marriott, for the accused.

This matter was heard before Tallis, J., of the Northwest Territories Supreme Court, at Yellowknife, Northwest Territories, on October 19 and 20, 1979.

The oral decision of Tallis, J., was delivered on October 20, 1979.