R. v. Bazinet, (1986) 14 O.A.C. 15 (CA)

JudgeLacourcière, Cory and Tarnopolsky, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateMarch 24, 1986
Citations(1986), 14 O.A.C. 15 (CA);1986 CanLII 108 (NS CA);1986 CanLII 108 (ON CA);54 OR (2d) 129;25 CCC (3d) 273;51 CR (3d) 139;[1986] CarswellOnt 107;[1986] OJ No 187 (QL);14 OAC 15;16 WCB 164

R. v. Bazinet (1986), 14 O.A.C. 15 (CA)

MLB headnote and full text

R. v. Bazinet

Indexed As: R. v. Bazinet

Ontario Court of Appeal

Lacourcière, Cory and Tarnopolsky, JJ.A.

March 24, 1986.


The accused was charged with first degree murder, contrary to s. 218(1) of the Criminal Code of Canada. A jury found the accused guilty of the included offence of second degree murder. The accused appealed his conviction on the grounds that certain inculpatory statements made by him should have been excluded from the evidence because he was denied his right to counsel under s. 10(b) of the Charter of Rights, and that the trial judge was wrong in withdrawing the defence of drunkenness from the jury.

The Ontario Court of Appeal dismissed the appeal.

Civil Rights - Topic 3604

Detention - What constitutes - Police attended at the accused's residence and advised that they wished to question him respecting a murder - The accused was not then a suspect - The accused voluntarily accompanied them to the station - The Ontario Court of Appeal held that the accused was not detained within s. 10(b) of the Charter, because the police made no "demand or direction" on him, he did not submit or acquiesce in a deprivation of his liberty because he reasonably believed he had no choice, he was under no physical restraint and there was no basis to compel his attendance - The court held that neither the coercive atmosphere of the station nor asking the accused to submit his clothing for examination contributed to a finding of detention - See paragraphs 21 to 35.

Civil Rights - Topic 4613

Right to counsel - Requirement of detention - Police attended at an accused's residence and advised that they wished to question him respecting a murder investigation - The accused voluntarily accompanied them to the station where, after some questioning, he gave certain inculpatory statements - The Ontario Court of Appeal held that the accused had no right to be informed of his right to counsel prior to being questioned, because he was not detained within s. 10(b) of the Charter - See paragraphs 21 to 35.

Criminal Law - Topic 4356

Procedure - Jury charge - Directions regarding intent or mens rea - Drunkenness - An accused consumed 12 bottles of beer between 1:00 p.m. and the time of a murder (8:30 to 9:30 p.m.) - However, not one witness who observed the accused attested to any degree of drunkenness - All who saw him after the killing testified that he appeared normal - The Ontario Court of Appeal held that the trial judge was correct in withdrawing the defence of drunkenness from the jury - See paragraphs 37 to 39.

Cases Noticed:

R. v. Therens, [1985] 1 S.C.R. 613; 59 N.R. 122; 40 Sask.R. 122; 18 C.C.C.(3d) 481, appld. [para. 21].

R. v. Esposito (1985), 12 O.A.C. 350, dist. [para. 27].

R. v. Rodenbush and Rodenbush, 14 W.C.B. 327, dist. [para. 32].

Miranda v. Arizona (1966), 384 U.S. 436, refd to. [para. 33].

Oregon v. Mathiason (1977), 429 U.S. 492, refd to. [para. 33].

California v. Beheler (1983), 103 S.Ct. 3517, refd to. [para. 34].

R. v. Gorman (1972), 9 C.C.C.(2d) 318 (Ont. C.A.), refd to. [para. 37].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [paras. 1, 18, 21, 33, 35-36].

Authors and Works Noticed:

Shorter Oxford English Dictionary [para. 29].

Webster's New World Dictionary [para. 29].

Ontario Encyclopedic Digest [para. 30].


Marc Rosenberg, for the appellant;

Douglas C. Hunt, Q.C., for the respondent.

This appeal was heard before Lacourcière, Cory and Tarnopolsky, JJ.A., of the Ontario Court of Appeal on December 3 and 4, 1985. The decision of the Court of Appeal was delivered by Tarnopolsky, J.A., and released on March 24, 1986.

To continue reading

Request your trial
717 practice notes
  • Ontario (Min. of Gov. and Con. Services) v. Ivan’s Electric Limited, 2017 ONCJ 227
    • Canada
    • Ontario Ontario Court of Justice General Division (Canada)
    • April 4, 2017
    ...practice while s. 17(2) deems a person to be engaging in an unfair practice when they perform one of the acts described in section 14, 15 or 16: Unfair practices prohibited 17(1) No person shall engage in an unfair practice. One act deemed practice (2) A person who performs one act referred......
  • R. v. Howe, 2018 NSSC 274
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • November 7, 2018
    ...a member of the RCMP, and then gave his police statement on September 16, 2012. According to JJ, RM changed his appearance around September 15 or 16, 110 Police arranged for special patrols to check on RM at his home, and at his request had a panic alarm installed in his home on September 2......
  • R. v. Schultz (B.J.), (2008) 450 A.R. 37 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • November 13, 2008
    ...accused and the complainant were involved in a relationship with one another at the time the photographs were taken, and the complainant was 15 or 16 and the accused 18 to 22. When the relationship broke up, the accused passed or showed the photographs to others, acting out of vindictivenes......
  • R v Esposito, 2020 ABQB 165
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • March 4, 2020
    ...know what to tell them. [22]           The Accused began to consume alcohol when he was 15 or 16 years of age, with his heaviest drinking taking place on a near daily basis when he was 20 or 21 years of age. At the time of the psychological ......
  • Request a trial to view additional results
708 cases
  • R. v. Cinous (J.), (2002) 285 N.R. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • March 21, 2002
    ...1, refd to. [para. 169]. R. v. Murray (E.E.) (1994), 73 O.A.C. 321; 93 C.C.C.(3d) 70 (C.A.), refd to. [para. 44]. R. v. Bazinet (1986), 14 O.A.C. 15; 25 C.C.C.(3d) 273 (C.A.), refd to. [para. R. v. Faid, [1983] 1 S.C.R. 265; 46 N.R. 461; 42 A.R. 308, refd to. [para. 169]. R. v. Gee, [1982] ......
  • R. v. Douglas (R.D.), (2005) 387 A.R. 1 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 28, 2005
    ...; 24 C.C.C.(3d) 88 ; 50 C.R.(3 d) xxv; 53 O.R.(2d) 356 ; 20 C.R.R. 102 (S.C.C.), refd to. [para. 60, footnote 33]. R. v. Bazinet (1986), 14 O.A.C. 15; 25 C.C.C.(3d) 273 ; 51 C.R.(3d) 139 ; 54 O.R.(2d) 129 ; 1986 CarswellOnt 107 (C.A.), refd to. [para. 60, footnote 34]. R. v. Ancel......
  • R. v. Connor et al., (2004) 317 N.R. 201 (HL)
    • Canada
    • January 22, 2004
    ...who was aged 17 at the date of the trial, alleged that she had been sexually abused by the appellant from the age of six until she was about 15 or 16. The appellant's case was that he had never been alone with her, that he had never behaved indecently towards her and that the complaints whi......
  • H.L. v. Can. (A.G.), (2005) 262 Sask.R. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • December 13, 2004
    ...that he had never even "touched" alcohol before the assaults occurred, but began consuming excessive amounts shortly thereafter, when he was 15 or 16 years old. Alcohol provided an "escape" from his recurring thoughts about the sexual assaults. "[M]y way of dealing with it", he said, "was t......
  • Request a trial to view additional results
1 firm's commentaries
  • Management Of Multijurisdictional Class Actions And Of Class Actions In Montréal
    • Canada
    • Mondaq Canada
    • March 6, 2018
    ...of 73 will be divided as follows: Group of 10: in charge of the files before a judgment on the authorization is rendered (they will have 15 or 16 files each on average). Group of 63: in charge of the files after a judgment authorizing a class action has been rendered (one or two files each)......
5 books & journal articles
    • Canada
    • December 1, 2020
    ...of motor vehicles, for example, was thought to be "unrealistic" and "inimical to public safety". When a society permits young people of 15 or 16, Highway Traffic Act, R.S.O. 1970, c. 202, s. 18, the privilege of operating a lethal weapon like an automobile on its highways, it should require......
  • Childhood predictors of adult criminality: a meta-analysis drawn from the prospective longitudinal literature.
    • Canada
    • Canadian Journal of Criminology and Criminal Justice Vol. 50 Nbr. 4, July 2008
    • July 1, 2008
    ...11-14 Follow-up age 32-38 9 Ezell & Cohen (1997) Child factors: Non-community Externalizing sample concerns Male (N = 2200) Initial age 15 or 16 or 17 Follow-up age 24 10 Farrington (2000) Child factors: Community sample Internalizing Male (N = 411) concerns Initial age 8-10 Follow-up F......
  • One boy left behind: the ethical challenges of liberating child soldiers in the Democratic Republic of Congo.
    • Canada
    • LawNow Vol. 35 Nbr. 5, May 2011
    • May 1, 2011
    ...both a physical and an interview--determined the man to be about 19 years old. The other soldier, however, had been proven to be about 15 or 16 years old. He was, therefore, a child combatant. But when the child protection officer tried to take the young boy with him, an aggressive junior c......
  • New v. old: the significant differences.
    • Canada
    • LawNow Vol. 28 Nbr. 2, October 2003
    • October 1, 2003
    ...this presumption comes into effect has been lowered from 16 to 14 years, although the individual provinces may choose to change the age to 15 or 16 In Quebec, in the Reference re: Bill C-7 Respecting the Criminal Justice System for Young Persons [unreported March 31, 2003] (Que. C.A.) this ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT