R. v. Finley (S.), (2012) 392 Sask.R. 53 (QB)

JudgeKonkin, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateFebruary 01, 2012
JurisdictionSaskatchewan
Citations(2012), 392 Sask.R. 53 (QB);2012 SKQB 55

R. v. Finley (S.) (2012), 392 Sask.R. 53 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. MR.043

Sandra Finley (appellant/applicant) v. Her Majesty the Queen (respondent/respondent)

(2011 Q.B.C.A. No. 5; 2012 SKQB 55)

Indexed As: R. v. Finley (S.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Konkin, J.

February 1, 2012.

Summary:

Finley was charged pursuant to s. 31(b) of the Statistics Act for failing to complete and submit the 2006 Long Form Population Census. Finley sought relief having regard to ss. 8 and 24(1) of the Charter, on the basis that s. 31, insofar as it compelled the provision of personal information, was an interference with a reasonable expectation of privacy.

The Saskatchewan Provincial Court, in a decision reported at (2011), 367 Sask.R. 237, dismissed the Charter application and found Finley guilty of the offence. Finley appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Civil Rights - Topic 1217

Security of the person - Lawful or reasonable search - What constitutes unreasonable search and seizure - [See Civil Rights - Topic 1446 ].

Civil Rights - Topic 1220

Security of the person - Lawful or reasonable search - Seizure defined - [See Civil Rights - Topic 1446 ].

Civil Rights - Topic 1446

Security of the person - Right to privacy - Census information - Finley was charged pursuant to s. 31(b) of the Statistics Act for failing to complete and submit the 2006 Long Form Population Census - Finley sought relief having regard to ss. 8 and 24(1) of the Charter, on the basis that s. 31, insofar as it compelled the provision of personal information, was an interference with a reasonable expectation of privacy - Whelan, P.C.J., dismissed the Charter application and found Finley guilty of the offence - Finley appealed - The Crown argued that until Finley answered the questions, there was nothing to be seized and s. 8 would not apply - The Saskatchewan Court of Queen's Bench dismissed Finley's appeal - The Crown had called detailed evidence relating to the collection, use, storage and protection of census information - Finley was not able to seriously question any of those details - As such, the court was in agreement with Judge Whelan when she concluded that while s. 8 of the Charter was engaged, there was no breach and, therefore, no remedy for Finley - Given the reasoning she employed and the fact that the purpose for the collection of the census data was regulatory and not criminal, her conclusion was not assailable.

Cases Noticed:

R. v. Plant (R.S.), [1993] 3 S.C.R. 281; 157 N.R. 321; 145 A.R. 104; 55 W.A.C. 104, refd to. [para. 2].

Reference Re Section 94(2) of the Motor Vehicle Act (B.C.), [1985] 2 S.C.R. 486; 63 N.R. 266, refd to. [para. 7].

R. v. McKinlay Transport Ltd. and C.T. Transport Inc., [1990] 1 S.C.R. 627; 106 N.R. 385; 39 O.A.C. 385, refd to. [para. 8].

R. v. Holman (1983), 28 Alta. L.R.(2d) 35 (Prov. Ct.), refd to. [para. 16].

R. v. Gill (B.W.), [1995] 7 W.W.R. 61; 103 Man.R.(2d) 241; 99 C.C.C.(3d) 308 (Q.B.), refd to. [para. 16].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8 [para. 2].

Statistics Act, R.S.C. 1985, c. S-19, sect. 31(b) [para. 1].

Authors and Works Noticed:

Sherrin, Christopher, "Distinguishing Charter Rights in Criminal and Regulatory Investigations: What's the Purpose of Analyzing Purpose?" (2010), 48 Alta. L. Rev. 93, paras. 33 [para. 12]; 42 [para. 11].

Counsel:

Steven J.R. Seiferling, for the appellant;

Barrie G. Miller and Catherine A. Galligan, for the respondent, Crown.

This appeal was heard before Konkin, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on February 1, 2012.

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1 practice notes
  • R. v. Finley (S.), (2013) 414 Sask.R. 121 (CA)
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 11 Noviembre 2012
    ...of contravening s. 31(b) of the Statistics Act . Finley appealed. The Saskatchewan Court of Queen's Bench, in a decision reported at 392 Sask.R. 53, dismissed the appeal. Finley The Saskatchewan Court of Appeal dismissed the appeal. Civil Rights - Topic 1217 Security of the person - Lawful......
1 cases
  • R. v. Finley (S.), (2013) 414 Sask.R. 121 (CA)
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 11 Noviembre 2012
    ...of contravening s. 31(b) of the Statistics Act . Finley appealed. The Saskatchewan Court of Queen's Bench, in a decision reported at 392 Sask.R. 53, dismissed the appeal. Finley The Saskatchewan Court of Appeal dismissed the appeal. Civil Rights - Topic 1217 Security of the person - Lawful......

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