R. v. Burbridge, (1989) 79 Nfld. & P.E.I.R. 66 (NFPC)

• Judge: Handrigan, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 14, 1989
• Jurisdiction: Newfoundland and Labrador
• Citations: (1989), 79 Nfld. & P.E.I.R. 66 (NFPC)

R. v. Burbridge (1989), 79 Nfld. & P.E.I.R. 66 (NFPC);

    246 A.P.R. 66

MLB headnote and full text

John A. Baker, an officer of the Canada Employment and Immigration Commission (informant) v. Curtis Burbridge (accused)

(No. 88/1529 - 88/1541)

Indexed As: R. v. Burbridge

Newfoundland Provincial Court

Judicial Centre of Grand Bank

Handrigan, P.C.J.

December 14, 1989.

Summary:

The accused was charged with making false statements on applications for benefits contrary to s. 121(1)(a) of the Unemployment Insurance Act. The informant submitted an extract from the payroll records of the accused's employer prepared by an officer of Canada Employment Immigration in Halifax, Nova Scotia, where the employer's offices were located. The accused moved for a dismissal of the charges on the grounds that (1) his rights under ss. 7 and 11(d) of the Charter were violated and (2) the Crown did not prove the offence was committed within the court's jurisdiction.

The Newfoundland Provincial Court dismissed the application.

Civil Rights - Topic 4909

Presumption of innocence - Circumstances not infringing presumption - The Unemployment Insurance Act, s. 120(1)(d), provided that a copy or extract from an employer's payroll records and certified by an officer of Canada Employment and Immigration was proof of the facts contained therein - The Newfoundland Provincial Court held that the provision did not violate ss. 7 and 11(d) of the Charter by depriving the accused of a fair hearing or opportunity to make full answer and defence - See paragraphs 13 to 25.

Civil Rights - Topic 8546

Charter - Interpretation - Life, liberty and security of the person - [See Civil Rights - Topic 4909 above].

Evidence - Topic 1692

Hearsay rule - Exceptions and exclusions - Official statements - Certificates - Constituted prima facie proof - [See Civil Rights - Topic 4909 above].

Evidence - Topic 2252

Judicial notice - Location of municipalities - The Newfoundland Provincial Court held that it could take judicial notice that the place referred to in evidence was within the court's jurisdiction - Also, documents in evidence before the court and adopted by the accused referred to the location within the jurisdiction - See paragraphs 6 to 12.

Cases Noticed:

R. v. Purcell (1975), 11 N.S.R.(2d) 309; 5 A.P.R. 309; 24 C.C.C.(2d) 139, refd to. [para. 11].

R. v. Yerxa (1978), 21 N.B.R.(2d) 569; 37 A.P.R. 569; 42 C.C.C.(2d) 177, consd. [para. 14].

R. v. Triumbari (1988), 29 O.A.C. 326; 42 C.C.C.(3d) 481, consd. [para. 20].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [paras. 4, 16, 19, 23, 25]; sect. 11(d) [paras. 4, 17, 19, 23, 25].

Highway Traffic Act, R.S.O. 1980, c. 198, sect. 184(3), sect. 184(4) [paras. 20-24].

Unemployment Insurance Act, S.C. 1970-71-72, c. 48, sect. 120(1) [para. 9]; sect. 120(1)(d) [paras. 13 et seq.]; sect. 121(1)(a) [para. 1].

Authors and Works Noticed:

Ewaschuk, Criminal Pleadings and Practice in Canada (2nd Ed.), pp. 1-11, para. 1:4140 [para. 11].

Counsel:

Lyndon Watson, for the informant;

Terry White, for the accused.

This application was heard before Handrigan, P.C.J., of the Newfoundland Provincial Court, who delivered the following judgment on December 14, 1989.