R. v. Butt (W.J.), (2006) 286 Nfld. & P.E.I.R. 350 (NLPC)

• Judge: Kennedy, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: June 16, 2006
• Jurisdiction: Newfoundland and Labrador
• Citations: (2006), 286 Nfld. & P.E.I.R. 350 (NLPC)

R. v. Butt (W.J.) (2006), 286 Nfld. & P.E.I.R. 350 (NLPC);

    883 A.P.R. 350

MLB headnote and full text

Temp. Cite: [2008] Nfld. & P.E.I.R. TBEd. NO.028

Her Majesty the Queen v. William Jeffrey Butt

(No. 0605A-00482)

Indexed As: R. v. Butt (W.J.)

Newfoundland and Labrador Provincial Court

District of Clarenville

Kennedy, P.C.J.

June 16, 2006.

Summary:

The accused was investigated for possession of pornography. The police seized, inter alia, his computer. Charges were laid but were eventually stayed. A detention order respecting seized items was made. The accused tried repeatedly to get his computer back. He had gone to the local RCMP detachment numerous times to retrieve his computer. On the day in question he went to the detachment believing that the computer would be returned that day. An officer (McIsaac) advised the accused that it would not be returned then and it could take weeks, if not months, to straighten out the matter. McIsaac made repeated requests that the accused leave. The accused refused to leave the foyer of the detachment until his computer was returned. The accused was charged with unlawfully loitering in a public place (the RCMP detachment foyer) and obstructing persons who were there (Criminal Code, s. 175(1)(c)).

The Newfoundland and Labrador Provincial Court dismissed the charge. It was not proved that the accused was loitering when he was in the foyer.

Criminal Law - Topic 748

Sexual offences, public morals and disorderly conduct - Disorderly conduct - Loitering - The accused was investigated for possession of pornography - The police seized, inter alia, his computer - Charges were laid but were eventually stayed - A detention order respecting seized items was made - The accused tried repeatedly to get his computer back - He had gone to the local RCMP detachment numerous times to retrieve his computer - On the day in question he went to the detachment believing that the computer would be returned that day - An officer (McIsaac) advised the accused that it would not be returned then and it could take weeks, if not months, to straighten out the matter - McIsaac made repeated requests that the accused leave - The accused refused to leave the foyer of the detachment until his computer was returned - The accused was charged with unlawfully loitering in a public place (the RCMP detachment foyer) and obstructing persons who were there (Criminal Code, s. 175(1)(c)) - The Newfoundland and Labrador Provincial Court dismissed the charge - By not leaving when asked to do so, the accused might have become a trespasser - He might well have been obstinate, aggravating and obnoxious to McIsaac - However, that conduct did not amount to loitering - He had a subjectively and objectively valid reason for being in that location at that time - He was not indolent, dawdling, hanging idly about, or lingering - He was there for a specific purpose and such a purposeful activity was not loitering.

Cases Noticed:

R. v. Munroe (1983), 5 C.C.C.(3d) 217 (Ont. C.A.), refd to. [para. 7].

R. v. Heywood (R.L.), [1994] 3 S.C.R. 761; 174 N.R. 81; 50 B.C.A.C. 161; 82 W.A.C. 161, refd to. [para. 7].

R. v. Lozowchuk (1984), 32 Sask.R. 51 (Q.B.), refd to. [para. 8].

R. v. Andsten (1960), 33 C.R. 213 (B.C.C.A.), refd to. [para. 8].

R. v. Gauvin (1984), 2 O.A.C. 309 (C.A.), refd to. [para. 11].

R. v. Archer, [1999] O.J. No. 5231 (Sup. Ct.), refd to. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 175(1)(c) [para. 7].

Counsel:

Patricia Carpenter, for the Crown;

Mr. Butt was self-represented.

This matter was heard by Kennedy, P.C.J., of the Newfoundland and Labrador Provincial Court, District of Clarenville, who delivered the following oral ruling on June 16, 2006.