R. v. Federuik (L.M.), 2007 SKPC 45

• Judge: Morgan, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 06, 2007
• Jurisdiction: Saskatchewan
• Citations: 2007 SKPC 45;(2007), 296 Sask.R. 227 (PC)

R. v. Federuik (L.M.) (2007), 296 Sask.R. 227 (PC)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. JN.030

Her Majesty the Queen v. Lorrie Mildred Federuik

(Information No. 24259508; 2007 SKPC 45)

Indexed As: R. v. Federuik (L.M.)

Saskatchewan Provincial Court

Morgan, P.C.J.

June 6, 2007.

Summary:

The accused was charged with storing a firearm in a careless manner and resisting a peace officer engaged in the lawful execution of his duty.

The Saskatchewan Provincial Court found the accused guilty of both charges.

Criminal Law - Topic 33

General principles - Mens rea or intention - Crimes of specific intent v. crimes of general or basic intent - [See Criminal Law - Topic 434 ].

Criminal Law - Topic 113

General principles - Mental disorder - Insanity, automatism, etc. - Intoxication - [See Criminal Law - Topic 434 ].

Criminal Law - Topic 434

Offences against the administration of law and justice - Disobedience and obstruction - Obstruction and resistance of peace officer - In execution of his duty - The accused's daughter complained to the police that the accused would not leave the daughter's house and was "flipping out" and that the accused had stated that she was going to blow her own head off - The police responded and found the accused at her own house a few doors away - The accused was drunk and argumentative - An officer arrested the accused for mischief - The accused was combative and she struggled as the officer put the handcuffs on her - She also struggled and fought with the officers at the police station when they removed the handcuffs and placed her in a cell - The accused was charged with resisting a peace officer engaged in the lawful execution of his duty by struggling and pulling away - The defence argued that the accused's uncooperative attitude did not equate to actual resistance and that this situation was no more than the police could expect to deal with on a daily basis, particularly with intoxicated individuals - The Saskatchewan Provincial Court found the accused guilty - The arrest of the accused was lawful to prevent the repetition of the offence of mischief or the commission of another offence - This was an offence of general intent and the accused's self-induced intoxication did not afford a defence - The accused's actions were more than merely being uncooperative - Rather, she actively and deliberately impeded and obstructed the officer in the performance of his duties - See paragraphs 23 to 29.

Criminal Law - Topic 1175

Firearms - Careless use, transportation, carrying, storage, etc., of firearm - Elements of offence - [See Criminal Law - Topic 1436 ].

Criminal Law - Topic 1436

Offences against person and reputation - Firearms - General - Unsafe handling and careless storage - Police located a rifle in the back seat of the accused's car which was parked at her home - The rifle was under some clothes with the bolt of the rifle in the open position - A magazine that contained ammunition for the rifle was located in the console of the vehicle - The accused was charged with storing a firearm in a careless manner, contrary to s. 86(1) of the Criminal Code - The defence argued that the accused, having been hunting earlier in the day, was entitled to leave her firearm in the vehicle for a reasonable period prior to returning it to the storage cabinet in the house - Additionally, the defence argued that the way that the gun was lodged in the vehicle was in compliance with the regulations that dealt with the storage and transportation of firearms, and further questioned whether the firearm was "stored" or "transported" - The Saskatchewan Provincial Court found the accused guilty of the charge - The rifle was being "stored" not "transported" - The accused displayed a marked departure from the standard of care of a reasonably prudent person - See paragraphs 13 to 22.

Criminal Law - Topic 3212

Compelling appearance, detention and release - Arrest - Arrest without warrant - [See Criminal Law - Topic 434 ].

Police - Topic 3068

Powers - Arrest and detention - Arrest without warrant - General - [See Criminal Law - Topic 434 ].

Cases Noticed:

R. v. Blanchard (1994), 103 C.C.C.(3d) 360; 1994 CanLII 5251 (Yuk. Terr. Ct.), refd to. [para. 14].

R. v. Carlos (A.M.), [2002] 2 S.C.R. 411; 287 N.R. 79; 165 B.C.A.C. 221; 270 W.A.C. 221, consd. [para. 17].

R. v. Carlos (A.M.) (2002), 155 B.C.A.C. 95; 254 W.A.C. 95; 48 C.R.(5th) 57 (Yuk. C.A.), refd to. [para. 17].

Counsel:

T. Healey, for the Crown;

R. Saretzky, for the defendant.

This matter was heard before Morgan, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on June 6, 2007.