R. v. Benoît (I.), (1989) 140 N.B.R.(2d) 210 (PC)

• Judge: Savoie, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: June 22, 1989
• Jurisdiction: New Brunswick
• Citations: (1989), 140 N.B.R.(2d) 210 (PC)

R. v. Benoît (I.) (1989), 140 N.B.R.(2d) 210 (PC);

    140 R.N.-B.(2e) 210; 358 A.P.R. 210

MLB headnote and full text

[French language version follows English language version]

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

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Her Majesty The Queen, on an information laid by M. Fournier, a member of the R.C.M.P. in Tracadie, N.B. v. Irénée Benoît

Indexed As: R. v. Benoît (I.)

New Brunswick Provincial Court

Savoie, P.C.J.

June 22, 1989.

Summary:

A teacher used force to make a recalcitrant student sit down. The teacher was charged with assault.

The New Brunswick Provincial Court acquitted the teacher.

Criminal Law - Topic 1421

Assaults - Defence - Child correction - A grade eight student failed to do his home­work - The teacher informed him that he would have to deal with him - The student answered: "I don't care." - The teacher considered this remark unacceptable - He then stood in front of the student's desk - The student turned his back to him - The teacher asked him to turn around - The student refused - The teacher turned him around twice - The first time, he grabbed the student by the neck - The second time, he grabbed him by the shoulder - The student resisted and left the classroom "his face red and in tears" - The teacher was charged with assault - He claimed to have used reasonable force under the cir­cumstances - The New Brunswick Provin­cial Court acquitted the teacher.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Ac­cused's right to - "Within a reasonable time" - What constitutes - On November 28, 1988, a teacher was charged with assault - He appeared in court at Tracadie, N.B. on the same day, but the hearing for entering of plea was adjourned to Decem­ber 12, 1988 - On that date, the hearing was adjourned to January 12, 1989, be­cause the judge had a conflicting schedule - The teacher pleaded not guilty - On January 9, 1989, presumably on the judge's initiative, trial was adjourned to February 20, 1989 - No judge was available on that day - Hearing was set for March 6 in order to set a new trial date - The trial finally took place on May 11, 1989 - The New Brunswick Provincial Court held that the delay be­tween the laying of the infor­mation and the trial was not unreasonable - See para­graph 1.

Education - Topic 5230

Students - Discipline of - Use of reason­able force by teacher - [See Criminal Law - Topic 1421 ].

Cases Noticed:

R. v. Rahey, [1987] 1 S.C.R. 588; 75 N.R. 81; 78 N.S.R.(2d) 183; 193 A.P.R. 183; 33 C.C.C.(3d) 289; 57 C.R.(3d) 289; 39 D.L.R.(4th) 481, refd to. [para. 1].

R. v. Imbeault (1977), 17 N.B.R.(2d) 234; 23 A.P.R. 234 (Co. Ct.), refd to. [para. 2].

R. v. Metcalfe, [1927] 3 W.W.R. 194; 49 C.C.C. 260 (Sask. Dist. Ct.), consd. [para. 2].

R. v. Campeau (1951), 103 C.C.C. 355; 14 C.R. 202 (Qué. C.A.), refd to. [para. 4].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b), sect. 24(1) [para. 1].

Criminal Code, R.S.C. 1985, c. C-46, sect. 43, sect. 245(b), sect. 266(b) [para. 1].

Counsel:

Luce Andrée Gauthier, for the Crown;

Richard Bell, for the accused.

This action was heard in Tracadie, New Brunswick, before Savoie, P.C.J., of the Provin­cial Court of New Brunswick.

Savoie, P.C.J., delivered the following decision on June 22, 1989.