R. v. Bear (L.), (1988) 72 Sask.R. 99 (ProvCt)

• Judge: Archambault, J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 10, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 72 Sask.R. 99 (ProvCt)

R. v. Bear (L.) (1988), 72 Sask.R. 99 (ProvCt)

MLB headnote and full text

R. v. Lester Bear

Indexed As: R. v. Bear (L.)

Saskatchewan Provincial Court

Prince Albert

Archambault, J.

November 10, 1988.

Summary:

The accused was arrested and charged with impaired driving. He was not released immediately but spent the weekend in custody because of faulty information indicating outstanding warrants against him. At trial, the accused submitted that the charge should be dismissed or stayed under s. 24(1) of the Charter as a remedy for arbitrary detention.

The Saskatchewan Provincial Court ordered a stay of proceedings.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - The accused was arrested and charged with impaired driving - Instead of being released on an appearance notice, he was mistakenly detained for two days because of faulty information indicating outstanding warrants against him - The Saskatchewan Provincial Court stated that the arbitrary detention, because of police negligence, on a charge that normally results in a fine, justified a remedy under s. 24(1) of the Charter - The court considered a stay of proceedings the appropriate remedy (1) to adequately redress the wrong, (2) to secure future compliance by police with constitutional rights and (3) it would not bring the administration of justice into disrepute.

Cases Noticed:

R. v. Erickson, [l984] 5 W.W.R. 577; 13 C.C.C.(3d) 269 (B.C.C.A.), consd. [para. 7].

R. v. Crossman (l984), 12 C.C.C.(3d) 547 (F.C.T.D.), consd. [para. 7].

R. v. Charles (l988), 61 Sask.R. 166; 36 C.C.C.(3d) 286 (C.A.), consd. [para. 7].

R. v. Schemenauer (l986), 54 Sask.R. 171, consd. [para. 10].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, l982, sect. 9 [paras. 2, 3]; sect. 24(1) [paras. 2, 6, 10, 12, 18, 27]; sect. 24(2) [para. 10].

Criminal Code, R.S.C. l970, c. C-34, sect. 237 [paras. 1, 16].

Counsel:

[none disclosed].

This case was heard before Archambault, P.C.J., of the Saskatchewan Provincial Court, Prince Albert, who delivered the following oral judgment on November 10, 1988.