R. v. Bossé (P.), 2015 NBQB 177

Judge:Landry, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:July 20, 2015
Jurisdiction:New Brunswick
Citations:2015 NBQB 177;(2015), 440 N.B.R.(2d) 57 (TD)
 
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R. v. Bossé (P.) (2015), 440 N.B.R.(2d) 57 (TD);

    440 R.N.-B.(2e) 57; 1148 A.P.R. 57

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[French language version follows English language version]

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

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Temp. Cite: [2015] N.B.R.(2d) TBEd. OC.005

Renvoi temp.: [2015] N.B.R.(2d) TBEd. OC.005

Pierre Bossé (appellant) v. Her Majesty the Queen (respondent)

(C/CA/1/2014; 2015 NBQB 177; 2015 NBBR 177)

Indexed As: R. v. Bossé (P.)

Répertorié: R. v. Bossé (P.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Campbellton

Landry, J.

July 22, 2015.

Summary:

Résumé:

The accused was charged with offences under the Excise Tax Act. His trial was scheduled to start two years after the Information was filed. The accused brought a s. 11(b) Charter motion for unreasonable delay. A Provincial Court judge found the accused guilty after dismissing his motion for a stay of proceedings. The accused appealed.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the appeal, quashed the guilty verdict and directed a stay of proceedings.

Civil Rights - Topic 2950

Language - Criminal proceedings - Documentary evidence - [See Civil Rights - Topic 3264 ].

Civil Rights - Topic 3264

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Denial of right - The accused was charged with offences under the Excise Tax Act - From his first appearance on April 30, 2012, the accused chose to be tried in English - On November 5, 2012, the date the trial was scheduled to start, Crown counsel requested an adjournment to have all documents intended to be introduced into evidence (close to 1000) translated from French to English - Up to then, it had been Crown counsel's position that no translation was required - The trial was adjourned to July 2, 2013 - On May 1, 2013, the accused filed a s. 11(b) Charter motion for unreasonable delay - Another adjournment came on June 17, 2013, because of the illness of the judge - The trial was adjourned to March 24, 2014 - The trial judge found the accused guilty after dismissing the Charter motion - The judge attributed the eight months' "translation delay" to the accused - The New Brunswick Court of Queen's Bench, Trial Division, held that the trial judge erred in law - "What caused this adjournment is the fact that even though this was a trial to be held in English, the Crown forgot about its obligation to make sure evidence would be translated ... . Legally, this obligation was there from day 1, on April 30, 2012" - Of the 24-month delay before trial, the Court attributed 11 months to the Crown - The accused's two affidavits with medical reports attached showed evidence of anxiety, panic and stress, and supported the accused's position of significant prejudice - The delay before trial was unreasonable - In the end result, the Court quashed the guilty verdict and directed a stay of proceedings - See paragraphs 19 to 51.

Civil Rights - Topic 3270

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Evidence of prejudice and cause of delay - [See Civil Rights - Topic 3264 ].

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3264 ].

Cases Noticed:

R. v. Askov, Hussey, Melo and Gugliotta, [1990] 2 S.C.R. 1199; 113 N.R. 241; 42 O.A.C. 81; 1990 CanLII 45, refd to. [para. 10].

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241; 1992 CanLII 89, refd to. [para. 10].

R. v. Downey (D.R.) (2015), 435 N.B.R.(2d) 315; 1134 A.P.R. 315; 2015 NBCA 25, refd to. [para. 11].

R. v. Lanteigne (S.) (2010), 366 N.B.R.(2d) 1; 942 A.P.R. 1; 2010 NBCA 91, refd to. [para. 12].

R. v. Gray (R.) (2001), 239 N.B.R.(2d) 83; 619 A.P.R. 83; 2001 NBCA 51, refd to. [para. 14].

R. v. Tran (L.) et al. (2012), 287 O.A.C. 94; 2012 ONCA 18, refd to. [para. 15].

R. v. Boudreau (J.D.) (1990), 107 N.B.R.(2d) 298; 267 A.P.R. 298; 1990 CanLII 4056 (C.A.), folld. [para. 30].

R. v. Ryan (J.D.P.) (2004), 223 N.S.R.(2d) 154; 705 A.P.R. 154; 2004 NSSC 85, refd to. [para. 43].

R. v. Godin (M.), [2009] 2 S.C.R. 3; 389 N.R. 1; 252 O.A.C. 377; 2009 SCC 26, refd to. [para. 44].

R. v. Beaulac (J.V.), [1999] 1 S.C.R. 768; 238 N.R. 131; 121 B.C.A.C. 227; 198 W.A.C. 227, refd to. [para. 52].

Statutes Noticed:

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

Counsel:

Avocats:

Leslie Matchim, for Pierre Bossé;

Bernard Roux and François Doucet, Q.C., for Her Majesty the Queen.

This appeal was heard on July 20, 2015, before Landry, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Campbellton, who orally delivered the following decision and reasons for decision on July 22, 2015.

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