R. v. Campbell, (1981) 49 N.S.R.(2d) 307 (CA)

• Judge: Hart, Jones and Pace, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 28, 1981
• Jurisdiction: Nova Scotia
• Citations: (1981), 49 N.S.R.(2d) 307 (CA)

R. v. Campbell (1981), 49 N.S.R.(2d) 307 (CA);

    96 A.P.R. 307

MLB headnote and full text

R. v. Campbell

(S.C.C. 00294)

Indexed As: R. v. Campbell

Nova Scotia Supreme Court

Appeal Division

Hart, Jones and Pace, JJ.A.

October 28, 1981.

Summary:

The appellant appealed from convictions on charges of refusing to provide a breath sample contrary to s. 235(2) of the Criminal Code, R.S.C. 1970, c. C-34 and impaired driving contrary to s. 234 of the Criminal Code.

The Nova Scotia Court of Appeal allowed the appeal and ordered a new trial. The court found that the appellant was not given a fair trial.

Criminal Law - Topic 128

Rights of accused - Right to make full answer and defence - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 577(3) - The Nova Scotia Court of Appeal held that an accused must be given every opportunity to make full answer and defence personally or by counsel - See paragraph 11.

Practice - Topic 9032

Appeals - Evidence on - Criminal cases - Affidavits - Criminal Code of Canada, R.S.C. 1970, c. C-34 - The Nova Scotia Court of Appeal allowed affidavits to be tendered on the hearing of an appeal under the authority of s. 610(1)(d) of the Criminal Code - See paragraph 7.

Courts - Topic 590

Judges - Duties - Duty to appear impartial - The Nova Scotia Court of Appeal ordered a new trial, where a reasonable person would have concluded that the tribunal was not impartial - See paragraph 16.

Courts - Topic 592

Judges - Duties - Duty to conduct fair and impartial proceedings - The Nova Scotia Court of Appeal stated that, while a trial judge has a wide discretion in the conduct of a trial, he has an overall responsibility to conduct the proceedings in a fair and impartial manner - See paragraph 11.

Cases Noticed:

Leggett, Farmer and Hircock, 53 Cr. App. R. 51, consd. [para. 7].

R. v. West, 44 C.C.C. 109, consd. [para. 10].

Clewer, 37 Cr. App. R. 37, consd. [para. 12].

R. v. Torbiak and Campbell, 26 C.R.N.S. 108, consd. [para. 13].

R. v. Darlyn, 3 C.R. 13, consd. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(2) [para. 1]; sect. 234 [para. 1]; sect. 610(1)(d) [para. 7]; sect. 577(3) [para. 11].

Counsel:

J.M. Lynch, for the appellant;

D.G. Giovanetti, for the respondent.

This appeal was heard by HART, JONES and PACE, JJ.A., of the Nova Scotia Supreme Court, Appeal Division, on September 30, 1981.

The judgment of the Appeal Division was delivered by JONES, J.A., on October 28, 1981.

HART and PACE, JJ.A., concurred with JONES, J.A.