R. v. Checkosis (C.V.), (1999) 176 Sask.R. 312 (ProvCt)

• Judge: Kolenick, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 30, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 176 Sask.R. 312 (ProvCt)

R. v. Checkosis (C.V.) (1999), 176 Sask.R. 312 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. MY.025

Her Majesty the Queen v. Carl Vincent Checkosis

(Information 38762932)

Indexed As: R. v. Checkosis (C.V.)

Saskatchewan Provincial Court

Kolenick, P.C.J.

March 30, 1999.

Summary:

At issue was whether it was appropriate for the court to require the accused to com­mence the trial by calling evidence on a Charter voir dire, where the accused gave notice of a Charter application.

The Saskatchewan Provincial Court held that the Crown should first lead evidence on the charge, with the accused having leave to apply to have the evidence applied to the Charter issue, if it was appropriate to do so.

Criminal Law - Topic 5214.9

Evidence and witnesses - Admissibility and relevancy - Voir dire - General - The accused gave notice of a Charter applica­tion - At issue was whether the court should require the accused to commence the trial by calling evidence on a Charter voir dire or have the Crown first lead evidence on the charge - The Saskatchewan Provincial Court held that the Crown should first lead evidence on the charge, with the accused having leave to apply to have the evidence applied to the Charter issue - Considerations included the fairness of the proceedings and the public confidence in the admini­stration of justice - This was superior from a procedural standpoint - One ad­vantage to this procedure was that it elim­inated any guesswork regarding the nature and quality of the testimony on behalf of the Crown as it related to the Charter application.

Cases Noticed:

R. v. Kutynec (1992), 52 O.A.C. 59; 12 C.R.(4th) 152 (C.A.), refd to. [para. 2].

R. v. Loveman (1992), 52 O.A.C. 94; 71 C.C.C.(3d) 123 (C.A.), refd to. [para. 9].

R. v. Habhab (I.) (1997), 197 A.R. 161 (Prov. Ct.), refd to. [para. 10].

Counsel:

Daniel Dahl, for the Crown;

Donald MacKinnon, for the accused.

This matter was heard by Kolenick, P.C.J., of the Saskatchewan Provincial Court, who delivered the following interim ruling on March 30, 1999.