R. v. B.B., (1986) 69 A.R. 203 (PC)

Judge:Porter, P.C.J.
Court:Provincial Court (Alberta)
Case Date:April 16, 1986
Jurisdiction:Alberta
Citations:(1986), 69 A.R. 203 (PC)
 
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R. v. B.B. (1986), 69 A.R. 203 (PC)

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R. v. B.B.

Indexed As: R. v. B.B.

Alberta Provincial Court

Youth Division

Porter, P.C.J.

April 16, 1986.

Summary:

A 16 year old youth was charged with break, enter and theft. The youth admitted the theft. The R.C.M.P. flagrantly violated the youth's rights under the Charter of Rights and Freedoms and the Young Offenders Act and acted contrary to certain provisions of the Criminal Code of Canada. The youth submitted that as an "appropriate and just remedy" under s. 24(1) of the Charter for the R.C.M.P. officers' "atrocious" conduct the proceedings should be stayed or quashed, the youth should be given an absolute discharge or financial compensation should be ordered.

The Alberta Provincial Court, Youth Division, held that financial compensation to the youth by the four officers involved was the "appropriate and just remedy".

Civil Rights - Topic 3603

Detention - Arbitrary detention - What constitutes - A 16 year old youth was arrested after the R.C.M.P. entered a dwelling at 2:00 a.m. with an improperly issued search warrant - There were no grounds for arresting the youth; the sole purpose was to pick him up for questioning to induce a confession respecting a break and enter - The youth had been detained, questioned and released without charge two days earlier on the same matter - There was no new evidence - The arrest was not necessary to subdue the youth, to prevent his flight, to ensure attendance in court, to establish his identity or to preserve evidence - The Alberta Provincial Court, Youth Division, held that the youth was arbitrarily detained contrary to s. 9 of the Charter of Rights and Freedoms - See paragraphs 6 to 19.

Civil Rights - Topic 3604

Detention - What constitutes - Charter of Rights and Freedoms, s. 10 - The Alberta Provincial Court, Youth Division, stated that "where a young person is asked by a police officer to go with him in a locked police car to a closed police station to answer questions, in the absence of a clear statement that there was no legal obligation to do so and no consequences for failure to conform to the request in language appropriate to his age and intelligence, I am of the view, that he is detained within the meaning of the Charter" - See paragraph 5.

Civil Rights - Topic 4604

Right to counsel - Denial of - What constitutes - A 16 year old youth was arrested at 2:00 a.m. after police entered a residence where he was staying - The entry was made under an improperly obtained search warrant - The youth was manhandled by several officers, dragged out of the house with only underwear on and forced to sit in a cold police car for one hour before being taken to the detachment for questioning - At no time was he offered clothing - The officer advised him of his right to counsel, but gave him no opportunity to exercise the right - The youth was finally allowed to contact his mother at 3:15 a.m. - The Alberta Provincial Court, Youth Division, held that the youth's right to counsel under s. 10(b) of the Charter of Rights and Freedoms was denied - See paragraphs 6 to 16.

Civil Rights - Topic 4604

Right to counsel - Denial of - What constitutes - A 16 year old youth suspected of an offence was stopped on the street and asked to answer some questions - The officer told the youth he could call his parents or counsel, but did not explain the reason for the questioning or the possible consequences - The youth, who was not particularly intelligent and did not understand what was happening, decided against calling his mother or counsel - The youth agreed to a search of his pockets and the taking of fingerprints and shoe prints - The youth was released 45 minutes later and not charged - The Alberta Provincial Court, Youth Division, held that the youth's right to counsel under s. 10(b) of the Charter of Rights and Freedoms was denied, because he was not effectively informed of his rights - See paragraphs 6 to 16.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - A 16 year old youth's rights under the Young Offenders Act and the Charter were flagrantly violated by the R.C.M.P. - The Alberta Provincial Court, Youth Division, held that staying the proceedings or quashing the break, enter and theft charge was not an "appropriate and just remedy" under s. 24(1) of the Charter, because no evidence was obtained from the violation of his rights; the youth was not prejudiced in presenting his defence or in having a fair trial; the violation of rights was unconnected with the quality of the prosecution; the prosecution was not oppressive; the charge was serious; the community had an interest in obtaining a conviction; and members of the public had lost property - The court also stated that the youth should bear the responsibility for his actions and receive guidance and discipline pursuant to the Young Offenders Act - See paragraphs 24 to 31.

Civil Rights - Topic 8375

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Damages - A 16 year old youth received dehumanizing and degrading treatment from the R.C.M.P. - He was unlawfully arrested and arbitrarily detained - His right to counsel under the Young Offenders Act and the Charter was twice violated - The atrocious R.C.M.P. conduct included manhandling the youth for no reason and dragging him out of a residence at 2:00 a.m. in his underwear - He was forced to sit in an R.C.M.P. car for one hour and was then taken to the detachment without being given an opportunity to get dressed - The R.C.M.P. also abused the Criminal Code by obtaining an improperly issued search warrant - Past reprimands against the same R.C.M.P. officers were ignored - The Alberta Provincial Court, Youth Division, ordered the four R.C.M.P. officers to pay the youth $3,000.00 compensation as an appropriate and just remedy under s. 24(1) of the Charter - See paragraphs 24 to 43.

Civil Rights - Topic 8544

Canadian Charter of Rights and Freedoms - Interpretation - Appropriate and just remedy, s. 24(1) - The Alberta Provincial Court, Youth Division, stated that "the Charter does impliedly bestow power on whichever forum has jurisdiction to deal with the matter of substance before it to grant whatever remedy might seem just and appropriate for an infringement of rights guaranteed under the Charter" - The court also stated that "an order of monetary compensation is a remedy that is legally available to this Youth Court to grant, pursuant to s. 24(1) of the Charter of Rights" - See paragraphs 40 and 41.

Criminal Law - Topic 3046

Search warrants - Validity of - A search warrant was obtained at 2:00 a.m. authorizing the R.C.M.P. to enter premises where a 16 year old youth suspected of break and enter was staying - There was nothing in the sworn information justifying a search by night as opposed to the next day - There were no reasonable and probable grounds to believe any evidence or stolen property was within the residence - The Alberta Provincial Court, Youth Division, held that the warrant was issued improperly because it was nothing more than an authorization for the police to go on an unlawful fishing expedition - See paragraph 10.

Criminal Law - Topic 8714

Young offenders - Right to counsel - Young Offenders Act, s. 11(2) - A 16 year old youth was arrested at 2:00 a.m. after police entered a residence where he was staying - The entry was made under an improperly obtained search warrant - The youth was manhandled by several officers, dragged out of the house with only underwear on and forced to sit in a cold police car for one hour before being taken to the detachment for questioning - At no time was he offered clothing - The officer advised him of his right to counsel, but gave him no opportunity to exercise that right - The youth was finally allowed to contact his mother at 3:15 a.m. - The Alberta Provincial Court, Youth Division, held that the youth's right to be forthwith advised of his right to counsel under s. 11(2) had been denied - See paragraphs 6 to 16.

Criminal Law - Topic 8714

Young offenders - Right to counsel - Young Offenders Act, s. 11(2) - A 16 year old youth suspected of an offence was stopped on the street and asked to answer some questions - The officer told the youth he could call his parents or counsel, but did not explain the reason for the questioning or the possible consequences - The youth, who was not particularly intelligent and did not understand what was happening, decided against calling his mother or counsel - The youth agreed to a search of his pockets and the taking of fingerprints and shoe prints - The youth was released 45 minutes later and not charged - The Alberta Provincial Court, Youth Division, held that the youth's right to be forthwith advised of his right to counsel under s. 11(2) was denied, because he was not effectively informed of his rights - See paragraphs 6 to 16.

Police - Topic 3061

Powers - Arrest - General - The Alberta Provincial Court, Youth Division, held that the general view held by many police officers that they can arrest and simply hold a person for 24 hours "to help with their inquiries" or "while they carry on their investigations" has no legal basis and disregards s. 454(1) of the Criminal Code - See paragraph 22.

Police - Topic 3068

Powers - Arrest without warrant - General - The Alberta Provincial Court, Youth Division, stated that the existence of the four factors enunciated by the Supreme Court of Canada in R. v. Landry (1986), 65 N.R. 161, did not automatically justify police entry into a dwelling to arrest without warrant - The court stated that the arrest itself must be on a proper legal footing that is consistent with the Criminal Code and the Charter of Rights and Freedoms - See paragraphs 16 to 19.

Cases Noticed:

R. v. Therens, [1985] 1 S.C.R. 613; 59 N.R. 122; 40 Sask.R. 122, appld. [para. 4].

R. v. Landry (1986), 65 N.R. 161 (S.C.C.), refd to. [para. 16].

R. v. Dedman, [1985] 2 S.C.R. 2; 60 N.R. 34; 11 O.A.C. 241; 20 C.C.C.(3d) 103, consd. [para. 19].

R. v. Germain (1984), 53 A.R. 264, refd to. [para. 27].

Campbell v. Hudyma and Rickman (1985), 66 A.R. 222 (C.A.), consd. [para. 43].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 9, sect. 10(b), sect. 24(1).

Young Offenders Act, S.C. 1980-81-82-83, c. 110, sect. 3(1)(a), sect. 3(1)(b), sect. 3(1)(c) [para. 30]; sect. 3(1)(f), sect. 3(1)(h), sect. 3(2) [para. 18]; sect. 11(2) [para. 14].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 450(2) [para. 18].

Authors and Works Noticed:

Petit Larousse Illustre [para. 37].

Petit Robert Dictionnaire de la Langue Francaise [para. 37].

Harrap's French-English Dictionary [para. 37].

Counsel:

Robert Marr, for the Crown;

Larry Anderson, for the defence.

This case was heard at Hinton, Alberta, before Porter, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on April 16, 1986.

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