R. v. Eddy (D.M.), 2014 ABQB 234

• Judge: Marceau, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 17, 2014
• Citations: 2014 ABQB 234;(2014), 583 A.R. 254 (QB)

R. v. Eddy (D.M.) (2014), 583 A.R. 254 (QB)

MLB headnote and full text

Temp. Cite: [2014] A.R. TBEd. MY.011

Her Majesty the Queen (Crown/respondent) v. Denise Marie Eddy (accused/applicant)

(120435839U1; 2014 ABQB 234)

Indexed As: R. v. Eddy (D.M.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Marceau, J.

April 22, 2014.

Summary:

The accused was charged in a seven-count indictment of various tax offences under the Income Tax Act, Excise Tax Act and Criminal Code. The accused was self-represented. A preliminary hearing was scheduled. The Crown filed a Notice of Intention to introduce documents, business records, etc., all of which had been provided to the accused in disclosure. The accused filed an application, inter alia, challenging the constitutional validity of that step.

The Alberta Court of Queen's Bench dismissed the application.

Civil Rights - Topic 908

Discrimination - General principles - Nondiscriminatory laws - [See first Criminal Law - Topic 3596 ].

Civil Rights - Topic 3133

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to make full answer and defence - [See second Criminal Law - Topic 3596 ].

Civil Rights - Topic 3150

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Preliminary inquiry - [See Criminal Law - Topic 3598 ].

Criminal Law - Topic 3581

Preliminary inquiry - Evidence - Cross-examination of Crown witnesses - [See second Criminal Law - Topic 3596 ].

Criminal Law - Topic 3596

Preliminary inquiry - Evidence - Evidence not otherwise admissible that judge considers credible or trustworthy (incl. examination on) - Section 540(9) of the Criminal Code provided that the justice shall, on application of a "party", require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence at a preliminary inquiry under subsection (7) - An accused argued that the s. 540(9) reference to a "party" did not include her as a self-represented accused and, therefore, discriminated against self-represented litigants - She argued that the word "party" as used in the Criminal Code meant counsel - The Alberta Court of Queen's Bench rejected this argument, holding that s. 540(9) was not unconstitutional on its face - The "parties" to criminal litigation were the Crown and the accused and they, at least, had the rights set out in s. 540(9) and by logical extension, that right could be exercised by the accused through counsel - See paragraphs 19 to 22.

Criminal Law - Topic 3596

Preliminary inquiry - Evidence - Evidence not otherwise admissible that judge considers credible or trustworthy (incl. examination on) - Section 540(7) of the Criminal Code provided that a preliminary inquiry justice "may" receive as evidence any information that would not otherwise be admissible but that the justice considered credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded - A self-represented accused argued that s. 540(7) was inconsistent or in breach of her right set out in s. 540(1) to cross-examine Crown witnesses (i.e., her right to make full answer and defence - Charter, s. 7) - The Alberta Court of Queen's Bench held the s. 7 right to make full answer and defence was not engaged at the preliminary inquiry stage nor was that right infringed by her inability to cross-examine a potential Crown witness at a preliminary inquiry - Cross-examination of a witness at a preliminary inquiry was not a component of the s. 7 right to make full answer and defence - See paragraphs 19 to 29.

Criminal Law - Topic 3598

Preliminary inquiry - Evidence - Statement respecting issues and witnesses necessary for hearing - Section 536.3 of the Criminal Code stated that, if a request for a preliminary inquiry was made, the prosecutor or, if the request was made by the accused, counsel for the accused, were to provide the court and the other party with a statement that identified the issues on which the requesting party wanted evidence to be given at the inquiry and the witnesses that the requesting party wanted to hear at the inquiry - An accused claimed that s. 536.3 violated her Charter rights because it did not allow an unrepresented accused to use that provision to apply to have certain issues admitted at a preliminary inquiry (i.e., she was being treated unfairly) - The Alberta Court of Queen's Bench held that "This complaint is entirely unfounded and inverts the operation and function of that provision. Section 536.3 omits use of its procedure as a safeguard for self-represented accused" - See paragraphs 15 to 18.

Words and Phrases

Party - The Alberta Court of Queen's Bench held that the word "party" in s. 540(9) of the Criminal Code, R.S.C. 1985, c. C-46, meant the Crown and the accused - See paragraph 22.

Cases Noticed:

R. v. Iyer (V.C.) (2013), 557 A.R. 106; 2013 ABQB 6, refd to. [para. 6].

R. v. Rao (J.) (2012), 323 B.C.A.C. 165; 550 W.A.C. 165; 2012 BCCA 275, refd to. [para. 6].

R. v. LeBlanc (R.M.) et al. (2009), 352 N.B.R.(2d) 333; 907 A.P.R. 333; 2009 NBCA 84, refd to. [para. 16].

Doman v. Superintendent of Brokers (B.C.) et al. (1996), 85 B.C.A.C. 210; 138 W.A.C. 210; 31 B.C.L.R.(3d) 357 (C.A.), refd to. [para. 18].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 22].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 22].

R. v. P.M. (2007), 222 C.C.C.(3d) 393; 2007 QCCA 414, leave to appeal denied (2007), 380 N.R. 394 (S.C.C.), refd to. [para. 25].

R. v. S.J.L.-G. et al., [2009] 1 S.C.R. 426; 386 N.R. 1; 2009 SCC 14, refd to. [para. 26].

R. v. Hynes (D.W.), [2001] 3 S.C.R. 623; 278 N.R. 299; 208 Nfld. & P.E.I.R. 181; 624 A.P.R. 181; 2001 SCC 82, refd to. [para. 27].

R. v. Bjelland (J.C.), [2009] 2 S.C.R. 651; 391 N.R. 202; 460 A.R. 230; 462 W.A.C. 230; 2009 SCC 38, refd to. [para. 28].

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161, refd to. [para. 34].

Workers' Compensation Board (B.C.) v. Human Rights Tribunal (B.C.) et al., [2011] 3 S.C.R. 422; 421 N.R. 338; 311 B.C.A.C. 1; 529 W.A.C. 1; 2011 SCC 52, refd to. [para. 37].

Workers' Compensation Board (B.C.) v. Figliola - see Workers' Compensation Board (B.C.) v. Human Rights Tribunal (B.C.) et al.

R. v. Litchfield, [1993] 4 S.C.R. 333; 161 N.R. 161; 145 A.R. 321; 55 W.A.C. 321; 86 C.C.C.(3d) 97, refd to. [para. 37].

Quebec (Procureur général) v. Laroche et al., [2002] 3 S.C.R. 708; 295 N.R. 291; 219 D.L.R.(4th) 723; 2002 SCC 72, refd to. [para. 37].

R. v. Sarson (J.A.), [1996] 2 S.C.R. 223; 197 N.R. 125; 91 O.A.C. 124; 135 D.L.R.(4th) 402, refd to. [para. 37].

Fearn v. Canada Customs (2014), 586 A.R. 23; 2014 ABQB 114, refd to. [para. 38].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 11, sect. 15(1), sect. 24(1) [para. 8].

Criminal Code, R.S.C. 1985, c. C-46, sect. 536.3 [para. 15]; sect. 536(2), sect. 536(4.1), sect. 540(1)(a), sect. 540(7), sect. 540(8), sect. 540(9) [para. 8].

Counsel:

Kent Brown (Public Prosecution Service of Canada), for the Crown/respondent;

Kim Gowin (Public Prosecution Service of Canada), for the Crown/respondent;

Denise Eddy (on her own behalf), for the accused/applicant.

This application was heard on April 17, 2014, before Marceau, J., of the Alberta Court of Queen's Bench, who delivered the following decision on April 22, 2014.