R. v. C.L.B., (2007) 428 A.R. 295 (QB)

• Judge: Ross, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 09, 2007
• Citations: (2007), 428 A.R. 295 (QB);2007 ABQB 521

R. v. C.L.B. (2007), 428 A.R. 295 (QB)

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. SE.012

Her Majesty the Queen (respondent) v. C.L.B. (applicant)

(016624694Q1; 2007 ABQB 521)

Indexed As: R. v. C.L.B.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Ross, J.

August 20, 2007.

Summary:

The accused was convicted of touching for a sexual purpose (Criminal Code, s. 151). On July 2, 2002, he was sentenced to a 23 month conditional sentence order and probation and was ordered to provide a DNA sample. On December 15, 2004, the Sex Offender Information Registration Act (SOIRA) was proclaimed into law. On October 20, 2005, the applicant was served with a notice to comply with SOIRA pursuant to s. 490.019 of the Code. The accused argued that SOIRA and the related Code provisions imposed penal consequences that could not be applied as against a person who had already been convicted and sentenced, because this would infringe his Charter rights under ss. 11(h) and (i) not to be subjected to additional or retrospective punishment and were therefore of no force and effect.

The Alberta Court of Queen's Bench dismissed the application. SOIRA and the related Code provisions did not impose a punishment and therefore did not violate ss. 11(h) or (i) of the Charter.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Civil Rights - Topic 3131.1

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to benefit of lesser punishment (Charter, s. 11(i)) - [See Civil Rights - Topic 3766 ].

Civil Rights - Topic 3764

Punishment - General - Double punishment prohibited (Charter, s. 11(h)) - [See Civil Rights - Topic 3766 ].

Civil Rights - Topic 3766

Punishment - General - Punishment defined - The accused was convicted of touching for a sexual purpose - In 2002, he was sentenced to a 23 month conditional sentence order and probation and was ordered to provide a DNA sample - On December 15, 2004, the Sex Offender Information Registration Act (SOIRA) was proclaimed into law - On October 20, 2005, the applicant was served with a notice to comply with SOIRA pursuant to s. 490.019 of the Criminal Code - The accused argued that SOIRA and the related Code provisions imposed penal consequences that could not be applied as against a person who had already been convicted and sentenced, because this would infringe his Charter rights under ss. 11(h) and (i) not to be subjected to additional or retrospective punishment and were therefore of no force and effect - The Alberta Court of Queen's Bench reviewed conflicting caselaw and rejected the argument - Section 11(h) and (i) applied only where the real object of the legislation was to punish or where the legislation imposed a true penal consequence - SOIRA and the related Code provisions did not impose a punishment and therefore did not violate ss. 11(h) or (i) of the Charter - SOIRA orders were not punishments - They were not intended to be a part of the arsenal of sanctions to which an accused might be liable - They were not imposed in furtherance of the purpose and principles of sentencing.

Criminal Law - Topic 3090.2

Special powers - Sex offender registration legislation - Interpretation and validity of - [See Civil Rights - Topic 3766 ].

Cases Noticed:

R. v. Jackpine (R.), [2006] 1 S.C.R. 554; 347 N.R. 201; 210 O.A.C. 200; 2006 SCC 15, refd to. [para. 9].

R. v. Rodgers - see R. v. Jackpine (R.).

R. v. Wigglesworth, [1987] 2 S.C.R. 541; 81 N.R. 161; 61 Sask.R. 105; 24 O.A.C. 321; 45 D.L.R.(4th) 235, refd to. [para. 13].

R. v. Redhead (D.G.) (2006), 384 A.R. 206; 367 W.A.C. 206; 2006 ABCA 84, refd to. [para. 15].

Bulmer v. Alberta (Solicitor General) and Registrar of Motor Vehicles (Alta.) (1987), 76 A.R. 194; 36 D.L.R.(4th) 688, refd to. [para. 17].

Johnston v. Superintendent of Motor Vehicles (B.C.) et al. (1987), 46 M.V.R. 59; 27 C.R.R. 206 (B.C.S.C.), refd to. [para. 19].

R. v. Lamouche (K.W.) et al. (2000), 267 A.R. 347; 2000 ABQB 461, refd to. [para. 19].

R. v. Aberdeen (E.B.) (2005), 387 A.R. 269; 2005 ABPC 203, refd to. [para. 27].

R. v. T.L.G., [2006] A.R. Uned. 232; 2006 ABPC 2, refd to. [para. 27].

R. v. G.S. (2006), 399 A.R. 195; 2006 ABPC 101, refd to. [para. 27].

R. v. Lambert (G.) (1994), 123 Nfld. & P.E.I.R. 347; 382 A.P.R. 347; 93 C.C.C.(3d) 88 (Nfld. C.A.), refd to. [para. 28].

R. v. Cross (J.E.) (2006), 241 N.S.R.(2d) 349; 767 A.P.R. 349; 263 D.L.R.(4th) 259; 2006 NSCA 30, leave to appeal refused (2006), 358 N.R. 396 (S.C.C.), appld. [para. 37].

Authors and Works Noticed:

Hart, H.L.A., Punishment and Responsibility: Essays in the Philosophy of Law (1968), generally [para. 29].

Hogg, Peter W., Constitutional Law of Canada (5th Ed.) (2007 Looseleaf Supp.), vol. 2, pp. 51-33 [para. 22]; 51-34 [paras. 22, 23].

Stuart, Donald, Canadian Criminal Law: A Treatise (5th Ed. 2007), pp. 20 [para. 24]; 36 [para. 25].

Williams, Glanville, Criminal Law - The General Part (2nd Ed. 1961), pp. 575, 576 [para. 24].

Counsel:

Alana Elliot, for the respondent;

Gloria Grieco, for the applicant.

This application was heard on May 9, 2007, by Ross, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following reasons for judgment on August 20, 2007.