R. v. Ben Sassi (M.), (2016) 448 N.B.R.(2d) 347 (PC)

• Judge: LeBlanc, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: February 23, 2016
• Jurisdiction: New Brunswick
• Citations: (2016), 448 N.B.R.(2d) 347 (PC);2016 NBPC 1

R. v. Ben Sassi (M.) (2016), 448 N.B.R.(2d) 347 (PC);

    448 R.N.-B.(2e) 347; 1179 A.P.R. 347

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Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2016] N.B.R.(2d) TBEd. MY.010

Renvoi temp.: [2016] N.B.R.(2d) TBEd. MY.010

Her Majesty the Queen v. Mohammed Ben Sassi

(04633211; 2016 NBPC 1; 2016 NBCP 1)

Indexed As: R. v. Ben Sassi (M.)

Répertorié: R. v. Ben Sassi (M.)

New Brunswick Provincial Court

LeBlanc, P.C.J.

March 31, 2016.

Summary:

Résumé:

Constable Ross stopped the accused's vehicle. He read the accused the demand to provide a breath sample by means of an approved screening device. The accused was subsequently charged with refusing to comply with the demand and with operating a motor vehicle while impaired. The video recorder in Constable Ross's patrol car captured the 37 or so minutes of interaction between the vehicle's two occupants. The accused's counsel requested disclosure of the video. He received it eight months later, at 3:30 p.m. on the day before the scheduled trial date. He alleged that this breached s. 7 of the Charter and he sought a stay of proceedings under s. 24(1).

The New Brunswick Provincial Court held that s. 7 of the Charter was breached, but declined to grant a stay. There was no need to order a stay of proceedings as a remedy to prevent an abuse that was being perpetuated or aggravated. Continuing the matter did not render the trial unfair. The infringement of the right to disclosure could be remedied by an adjournment.

Civil Rights - Topic 3128

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to obtain information or evidence - [See Civil Rights - Topic 8374 ].

Civil Rights - Topic 3133

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to make full answer and defence - [See Civil Rights - Topic 8374 ].

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - Constable Ross stopped the accused's vehicle - He read the accused the demand to provide a breath sample by means of an approved screening device - The accused was subsequently charged with refusing to comply with the demand and with operating a motor vehicle while impaired - The video recorder in Constable Ross's patrol car captured the 37 or so minutes of interaction between the vehicle's two occupants - The accused's counsel requested disclosure of the video - He received it eight months later, at 3:30 p.m. on the day before the scheduled trial date - The police had encountered technical difficulties in copying the video - The accused alleged a breach of s. 7 of the Charter and sought a stay of proceedings under s. 24(1) - The New Brunswick Provincial Court held that s. 7 of the Charter was breached, but declined to grant a stay - A stay of proceedings was not needed as a remedy to prevent an abuse that was being perpetuated or aggravated - Continuing the matter did not render the trial unfair - The infringement of the right to disclosure could be remedied by an adjournment.

Civil Rights - Topic 8380.16

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Adjournments - [See Civil Rights - Topic 8374 ].

Criminal Law - Topic 128

General principles - Rights of accused - Right to make full answer and defence - [See Civil Rights - Topic 8374 ].

Criminal Law - Topic 129

General principles - Rights of accused - Right to discovery or production (disclosure) - [See Civil Rights - Topic 8374 ].

Counsel:

Avocats:

René Dumaresq, for the Crown;

Luc Roy, for the accused.

This motion was heard on February 23, 2016, by LeBlanc, P.C.J., of the New Brunswick Provincial Court, who delivered the following decision on March 31, 2016.