R. v. Beaulieu, (1981) 32 N.B.R.(2d) 530 (TD)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 20, 1981
• Jurisdiction: New Brunswick
• Citations: (1981), 32 N.B.R.(2d) 530 (TD)

R. v. Beaulieu (1981), 32 N.B.R.(2d) 530 (TD);

    32 R.N.-B.(2e) 530; 78 A.P.R. 530

MLB headnote and full text

Sommaire et texte intégral

R. v. Beaulieu

Indexed As: R. v. Beaulieu

Répertorié: R. v. Beaulieu

New Brunswick Court of Queen's Bench

Trial Division

Stevenson, J.

January 20, 1981.

Summary:

Résumé:

This headnote contains no summary.

Criminal Law - Topic 4227

Procedure - Pleas - Change of plea from guilty to not guilty - The accused pleaded guilty to a charge of dangerous driving under s. 233(4)(b) of the Criminal Code of Canada - The accused was a francophone and had been advised by legal aid duty counsel, with the assistance of an interpreter prior to entering the plea - The information was in English and contained the expression "in a manner dangerous to the public" - In translating the information to the accused when he was asked to enter a plea, the interpreter did not use the expression "d'une facon dangereuse pour le public" as expressed in the statute, rather used the words "dans un sens dangereux au public" - The accused applied under s. 755(4) of the Criminal Code for a trial de novo and for leave to withdraw his guilty plea - The New Brunswick Court of Queen's Bench, Trial Division, allowed the application - The court held that the translation provided by the interpreter was not adequate to accurately convey the gist of the offence, the word "sens" not being a proper or appropriate translation of "manner" - The court stated that while the question of whether an accused person pleaded guilty under a misunderstanding or without an appreciation of the nature of the charge against him is only one factor to be considered in determining whether he should be allowed to withdraw a guilty plea, in a case where the accused did not understand the language of the proceedings, it was a very important factor - See paragraphs 15 to 18.

Civil Rights - Topic 2944

Language - Criminal proceedings - Advice to accused of statutory rights - The accused pleaded guilty to a charge of dangerous driving under s. 233(4)(b) of the Criminal Code - The accused was a francophone and had been advised by legal aid duty counsel with the assistance of an interpreter prior to entering the plea - The information was in English and contained the expression "in a manner dangerous to the public" - In translating the information for the accused when he was asked to enter a plea, the interpreter did not use the expression specified in the statute - There was no indication that the accused was advised of the right of an accused under s. 462.1(1) to be tried in his language, being one of the official languages of Canada - The accused applied under 755(4) of the Criminal Code for trial de novo and for leave to withdraw his plea of guilty - The New Brunswick Court of Queen's Bench, Trial Division, allowed the application - The court stated that where the only counsel of the accused is legal aid duty counsel, the safe course for provincial court judges to follow would be to advise the accused of the statutory right or, at the very least, to satisfy himself that duty counsel has so advised him - See paragraph 19.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 233(4) [paras. 14, 15]; sect. 462.1 [para. 19]; sect. 755(4) [para. 1].

Counsel:

Gary J. McLaughlin, for the appellant;

David M. Hitchcock, for the respondent.

This case was heard before STEVENSON, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Woodstock, on January 5, 1981.

The judgment of STEVENSON, J., was delivered on January 20, 1981: