R. v. B.P., 2015 NSPC 34

• Judge: Derrick, P.C.J.
• Case Date: June 02, 2015
• Jurisdiction: Nova Scotia
• Citations: 2015 NSPC 34;(2015), 361 N.S.R.(2d) 133 (YC)

R. v. B.P. (2015), 361 N.S.R.(2d) 133 (YC);

    1137 A.P.R. 133

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. JN.030

Her Majesty the Queen v. B.P.

(2775823; 2775824; 2015 NSPC 34)

Indexed As: R. v. B.P.

Nova Scotia Youth Justice Court

Derrick, P.C.J.

June 12, 2015.

Summary:

A 15 year old youth pleaded guilty to second degree murder in the stabbing death of the victim. Sentencing under the Youth Criminal Justice Act was pending. At issue was the admissibility of portions of four victim impact statements.

The Nova Scotia Youth Justice Court determined which portions of the statements were inadmissible and to be excised prior to being presented at the sentencing hearing.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5381

Evidence and witnesses - Documents and reports - Victim impact statements - [See Criminal Law - Topic 8806.1 ].

Criminal Law - Topic 5834.2

Sentencing - Considerations on imposing sentence - Effect on victim (incl. victim impact statements) - [See Criminal Law - Topic 8806.1 ].

Criminal Law - Topic 8806.1

Young offenders - Decisions (incl. punishments) - Victim impact statement - Section 722(1) of the Criminal Code provided for the admission of victim impact statements "describing the harm done to, or loss suffered by, the victim arising from the commission of the offence" - A youth pleaded guilty to the second degree murder of the victim - Four members of the victim's family prepared victim impact statements - At issue was whether a portion of the statements were inadmissible - The Nova Scotia Youth Justice Court determined which portions of the statements were inadmissible - A victim impact statement could not be used to seek revenge - "It is impermissible for victim impact statements to contain assertions of fact purportedly about the offence: the facts have been established by agreement ... or by trial findings based on the evidence. Victim impact statements are not to express recommendations or comments about the severity of the sentence. ... Victim impact statements are evidence offered by victims to the court. The right to provide them is not a right to address the offender directly. Providing a victim impact statements does not include the right to confront the offender in court. ... The communication of the harm inflicted and the loss suffered is a communication with the judge who will decide on the appropriate sentence having regard to all the admissible evidence and applicable law." - The court held that the appropriate remedy was to excise the impermissible portions of the statement before sentencing rather than leaving the portions in and simply disregarding them - See paragraphs 18 to 76.

Cases Noticed:

R. v. Berner (C.-A.) (2013), 337 B.C.A.C. 146; 576 W.A.C. 146 (C.A.), refd to. [para. 4].

R. v. Sparks (A.) et al. (2007), 251 N.S.R.(2d) 181; 802 A.P.R. 181 (Prov. Ct.), refd to. [para. 4].

R. v. McDonough (M.) et al., [2006] O.T.C. 495 (Sup. Ct.), refd to. [para. 4].

R. v. Gabriel, [1999] O.J. No. 2579 (Sup. Ct.), refd to. [para. 4].

R. v. D.B. (2008), 374 N.R. 221; 237 O.A.C. 110 (S.C.C.), refd to. [para. 8].

R. v. C.K.M., [2001] B.C.J. No. 2442 (Prov. Ct.), refd to. [para. 26].

R. v. Bremner (R.) (2000), 138 B.C.A.C. 200; 226 W.A.C. 200 (C.A.), refd to. [para. 26].

R. v. Nguyen (B.Q.) et al. (2015), 333 O.A.C. 199; 2015 ONCA 278, refd to. [para. 30].

R. v. Lerno (J.) (2004), 187 O.A.C. 313 (C.A.), refd to. [para. 34].

R. v. C.A.M. (1996), 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81 (S.C.C.), refd to. [para. 34].

Counsel:

Peter Craig and Kim McOnie, for the Crown;

Megan Longley and Alexander Baranowski, for B.P.

This matter was heard on June 2, 2015, at Halifax, N.S., before Derrick, P.C.J., of the Nova Scotia Youth Justice Court, who delivered the following judgment on June 12, 2015.