R. v. Boutin (D.), 2014 SKCA 21

• Judge: Klebuc, Caldwell and Whitmore, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 25, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKCA 21;(2014), 433 Sask.R. 171 (CA)

R. v. Boutin (D.) (2014), 433 Sask.R. 171 (CA);

    602 W.A.C. 171

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MR.002

Dennis Boutin (appellant) v. Her Majesty the Queen (respondent)

(CACR2195; 2014 SKCA 21)

Indexed As: R. v. Boutin (D.)

Saskatchewan Court of Appeal

Klebuc, Caldwell and Whitmore, JJ.A.

February 25, 2014.

Summary:

At 4:30 p.m., R.C.M.P. officers arrested Boutin for impaired driving and took him to the Saskatoon police station where he provided breath samples. He was charged with impaired driving offences. At 6:30 p.m., the officers transported Boutin to the R.C.M.P. detachment where he was kept in custody overnight. At trial, Boutin applied for a stay of proceedings, alleging that the Crown's failure to disclose a videotape (which had been destroyed) that recorded events at the R.C.M.P. detachment breached his rights under s. 7 of the Charter.

The Saskatchewan Provincial Court, in a decision not reported in this series of reports, allowed the application, staying the charges. The Crown appealed.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 401 Sask.R. 226, allowed the appeal. The stay was set aside and the matter remitted to the Provincial Court for continuation of the trial. Boutin appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Editor's Note: For a decision related to this accused, see (2011), 380 Sask.R. 169.

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 - At 4:30 p.m., R.C.M.P. officers arrested Boutin for impaired driving - He was charged with impaired driving offences - At 6:30 p.m., the officers transported Boutin to the R.C.M.P. detachment where he was kept in custody overnight - At trial, Boutin applied for a stay of proceedings, alleging that the Crown's failure to disclose a videotape (which had been destroyed) that recorded events at the R.C.M.P. detachment breached his rights under s. 7 of the Charter - The trial judge allowed the application, finding that the videotape might have been relevant to the issue of the R.C.M.P.'s alleged "overholding" of Boutin, contrary to s. 9 of the Charter - Since the videotape was not accessible, the trial judge stayed the charges - The summary conviction appeal judge allowed the Crown's appeal - The videotape had no relevance to the charge and there was no breach of Boutin's right under s. 7 to make full answer and defence - Further, there was no connection between the non-disclosure and the overholding issue - The matter was remitted for continuation of the trial - The Saskatchewan Court of Appeal dismissed Boutin's appeal - Even when considered at their highest under s. 7, the circumstances did not merit a stay of proceedings under the "residual category" described most recently in R. v. Babos (A.) (2014 S.C.C.) - There was no reversible error by the summary conviction appeal judge.

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 3128 ].

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3128 ].

Criminal Law - Topic 128

General principles - Rights of accused - Right to make full answer and defence - [See Civil Rights - Topic 3128 ].

Criminal Law - Topic 129

General principles - Rights of accused - Right to discovery or production (disclosure) - [See Civil Rights - Topic 3128 ].

Cases Noticed:

R. v. Poletz (R.B.) (2014), 433 Sask.R. 155; 602 W.A.C. 155; 2014 SKCA 16, refd to. [para. 2].

R. v. Babos (A.) (2014), 454 N.R. 86; 2014 SCC 16, refd to. [para. 2].

R. v. Regan (G.A.), [2002] 1 S.C.R. 297; 282 N.R. 1; 201 N.S.R.(2d) 63; 629 A.P.R. 63; 2002 SCC 12, refd to. [para. 3].

R. v. O'Connor (H.P.), [1995] 4 S.C.R. 411; 191 N.R. 1; 68 B.C.A.C. 1; 112 W.A.C. 1, refd to. [para. 3].

Canada (Minister of Citizenship and Immigration) v. Tobiass et al., [1997] 3 S.C.R. 391; 218 N.R. 81, refd to. [para. 3].

Counsel:

Michael W. Owens, for the appellant;

Anthony B. Gerein, for the respondent.

This appeal was heard and determined orally on February 25, 2014, by Klebuc, Caldwell and Whitmore, JJ.A., of the Saskatchewan Court of Appeal. On February 26, 2014, Caldwell, J.A., delivered the following written reasons for the court.