R. v. Carrier, (1979) 2 Man.R.(2d) 168 (CA)

• Court: Court of Appeal (Manitoba)
• Case Date: October 19, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 2 Man.R.(2d) 168 (CA)

R. v. Carrier (1979), 2 Man.R.(2d) 168 (CA)

MLB headnote and full text

R. v. Carrier

Indexed As: R. v. Carrier

Manitoba Court of Appeal

Matas, J.A. (In Chambers)

October 22, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release pending trial - Detention necessary for protection of public - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 457(7) - The accused was charged with public mischief, possession of stolen property, breach of a probation order and possession of marijuana - He had three previous convictions for car theft, two for failure to remain at the scene of an accident and one each for failure to comply with a recognizance and failure to appear - A judge of the Manitoba Court of Appeal in chambers refused to order interim release of the accused on the ground that his detention was necessary for the protection of the public - See paragraphs 24 to 29.

Criminal Law - Topic 3326

Compelling appearance, detention and release - Interim release pending trial - Review - Scope of review of order made pending trial - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 457.5 - A judge of the Manitoba Court of Appeal in chambers discussed and set out the scope of review of a refusal to grant an accused interim release pending trial - He held that the burden was on the accused to show cause why the order below should be changed - The burden could be discharged by showing that circumstances had changed or if the judge below misconceived the facts or erred in law - He held further that the reviewing judge could, if cause was shown, substitute his own discretion for that of the judge below - See paragraphs 12 to 21.

Criminal Law - Topic 3334

Compelling appearance, detention and release - Interim release pending trial - Review - Evidence or record required on review - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 457.5(7) - A judge of the Manitoba Court of Appeal in chambers set out the material required to be submitted to the court on review of an order respecting interim release of the accused pending trial - See paragraphs 22 to 23.

Cases Noticed:

Re Powers and The Queen (1973), 9 C.C.C.(2d) 533 (Ont. H.C.), appld. [paras. 14, 28].

Hunter v. The Queen (1974), 24 C.R.N.S. 197, consd. [para. 16].

R. v. West, [1973] 1 O.R. 211; 20 C.R.N.S. 15; 9 C.C.C.(2d) 369 (C.A.), consd. [para. 16].

R. v. Crellin, [1976] 6 W.W.R. 661, appld. [para. 19].

R. v. Hill, [1973] 5 W.W.R. 382, appld. [para. 20].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 457(7), sect. 457.5.

Authors and Works Noticed:

Black's Law Dictionary (Rev. 4th Ed.) [para. 21].

Reid and David, Administrative Law and Practice (2nd Ed.), p. 464 [para. 17].

Scollin, Pre-Trial Release, p. 64 [para. 18].

Shorter Oxford English Dictionary [para. 21].

Counsel:

E.P. Schachter, for the Crown;

R.J. Wilinofsky, for the accused/applicant.

This case was heard on October 19, 1979, at Winnipeg, Manitoba, in chambers, before MATAS, J.A., of the Manitoba Court of Appeal, who delivered the following judgment on Ocrober 22, 1979: