R. v. D.S., (1996) 150 Sask.R. 113 (QB)
Judge | Klebuc, J. |
Court | Court of Queen's Bench of Saskatchewan (Canada) |
Case Date | December 12, 1996 |
Jurisdiction | Saskatchewan |
Citations | (1996), 150 Sask.R. 113 (QB) |
R. v. D.S. (1996), 150 Sask.R. 113 (QB)
MLB headnote and full text
Her Majesty The Queen (applicant) v. D.S. (respondent)
(1996 Q.B.G. No. 1608)
Indexed As: R. v. D.S.
Saskatchewan Court of Queen's Bench
Judicial Centre of Saskatoon
Klebuc, J.
December 12, 1996.
Summary:
By an Information laid under the Young Offenders Act, the accused was charged with gross indecency, sexual assault and incest. The offences were alleged to have occurred during periods between 1982 and 1989. At trial, the Provincial Court judge found the accused not guilty on the first count. On the remaining two counts he ruled that he lacked jurisdiction to render a decision because he was uncertain whether the events comprising the alleged offences occurred before or after the accused ceased to be a "young person" within the meaning of the Young Offenders Act. The Crown sought mandamus to compel the trial judge to render a decision.
The Saskatchewan Court of Queen's Bench issued a writ of mandamus directing the trial judge to render a decision concerning the events he found occurred during the period of uncertainty.
Criminal Law - Topic 8706
Young offenders - Jurisdiction - Courts - Age of juvenile - By an Information laid under the Young Offenders Act, the accused was charged with gross indecency, sexual assault and incest - The offences were alleged to have occurred during periods between 1982 and 1989 - At trial, the Provincial Court judge found the accused not guilty on the first count - On the remaining two counts he ruled that he lacked jurisdiction to render a decision because he was uncertain whether the events comprising the alleged offences occurred before or after the accused ceased to be a "young person" within the meaning of the Young Offenders Act - The Crown sought mandamus to compel the trial judge to render a decision - The Saskatchewan Court of Queen's Bench issued a writ of mandamus directing the trial judge to render a decision concerning the events he found occurred during the period of uncertainty.
Cases Noticed:
Thompson v. Cheyenne Realty Ltd., [1975] 1 S.C.R. 87; 1 N.R. 273, refd to. [para. 4].
R. v. Osachuk (D.A.) (1995), 127 Sask.R. 21 (Q.B.), refd to. [para. 4].
R. v. Orr, P.C.J. (1993), 117 Sask.R. 72 (Q.B.), refd to. [para. 4].
R. v. Sarson (1992), 73 C.C.C.(3d) 1 (Ont. Gen. Div.), refd to. [para. 6].
R. v. E.A.A. (1987), 22 O.A.C. 83 (C.A.), appld. [para. 11].
R. v. S.M.M. (1991), 97 Nfld. & P.E.I.R. 32; 308 A.P.R. 32 (Nfld. Prov. Ct.), consd. [para. 11].
R. v. T.A.L. (1986), 75 A.R. 147 (Prov. Ct.), refd to. [para. 11].
R. v. L. (1984), 17 C.C.C.(3d) 335 (Ont. Prov. Ct.), refd to. [para. 11].
R. v. P.A.K. (1992), 103 Nfld. & P.E.I.R. 343; 326 A.P.R. 343 (Nfld. T.D.), refd to. [para. 11].
R. v. Hanna, [1941] 3 W.W.R. 753 (B.C.C.A.), refd to. [para. 20].
Lapinsky, Re (1965), 47 C.R. 346 (B.C.S.C.), refd to. [para. 21].
R. v. Sharkey, Slaven, J. and Fisher (1983), 50 A.R. 39 (N.W.T.S.C.), refd to. [para. 21].
Counsel:
B.J. Bauer, for the Crown;
S.E. Halyk, Q.C., for the respondent.
This application was heard before Klebuc, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on December 12, 1996.
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...refd to. [para. 30]. R. v. P.A.K. (1992), 103 Nfld. & P.E.I.R. 343; 326 A.P.R. 343 (T.D.), refd to. [para. 31]. R. v. D.S. (1996), 150 Sask.R. 113 (Q.B.), refd to. [para. Statutes Noticed: Criminal Code, R.S.C. 1985, c. C-46, sect. 150.1(2) [para. 20]; sect. 794(2) [para. 27]. Authors a......
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R. v. D.S., (1998) 168 Sask.R. 225 (CA)
...Crown sought mandamus to compel the trial judge to render a decision. The Saskatchewan Court of Queen's Bench, in a decision reported at 150 Sask.R. 113, determined that the youth court judge should have assumed jurisdiction. The court issued a writ of mandamus directing the judge to render......