R. v. Gardener (C.), (1998) 224 A.R. 248 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 04, 1997
• Citations: (1998), 224 A.R. 248 (QB)

R. v. Gardener (C.) (1998), 224 A.R. 248 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. AP.025

Her Majesty The Queen (respondent) v. Charlotte Gardener (appellant)

(Action No. 9703 0122 S3)

Indexed As: R. v. Gardener (C.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

March 27, 1998.

Summary:

Gardener was charged with driving too fast for road conditions. She was represented in traffic court by an agent, a non-lawyer. She was convicted and fined $75. She appealed, alleging, inter alia, incompetent representa­tion by her agent.

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

Civil Rights - Topic 4620.1

Right to counsel - General - Right to effec­tive assistance by counsel - [See Criminal Law - Topic 4488 ].

Criminal Law - Topic 4488

Procedure - Trial - Representation of accused - Gardener was charged under s. 69 of the Highway Traffic Act with driv­ing too fast for road conditions after she collided with a bus at an intersection - She was represented in traffic court by an agent, a non-lawyer - She was convicted - She appealed, alleging, inter alia, that the lack of effective representation by her agent breached her right to counsel - The Alberta Court of Queen's Bench rejected the ground of appeal - The court observed that it was unlikely that ss. 7 and 10(b) of the Charter applied to charges under s. 69 of the Highway Traffic Act - Moreover, the agent acted reasonably and conducted a proper defence and Gardener did not establish that she was denied a fair hearing - See paragraphs 27 to 64.

Criminal Law - Topic 4684

Procedure - Judgments and reasons for judgment - Reasons for judgment - Suffi­ciency of - Gardener was convicted in traffic court of driving too fast for road conditions after she collided with a left-turning bus at an intersection - She appealed on the ground, inter alia, that the traffic commissioner failed to give adequate reasons for judgment - The Alberta Court of Queen's Bench rejected the ground of appeal - See paragraphs 22 to 26.

Motor Vehicles - Topic 2625

Regulation of vehicles and traffic - Rate of speed - Offences - Driving too fast for existing conditions - Gardener was con­victed in traffic court of driving too fast for road conditions after she collided with a left-turning bus at an intersection - A bus passenger, the bus driver and an eye-wit­ness testified for the Crown - Gardener testified that she slowed down as she approached the intersection because of the poor road conditions and because she knew stopping was difficult - The Alberta Court of Queen's Bench declined to disturb the verdict on appeal - The trial judge was in the best position to determine the credibil­ity of the witnesses and the decision should not be interfered with lightly - The traffic commissioner's decision was one which a reasonable jury acting judicially could have rendered - See paragraphs 4 to 21.

Trials - Topic 2403

Counsel - Representation of accused - [See Criminal Law - Topic 4488 ].

Cases Noticed:

R. v. Corbett, [1975] 2 S.C.R. 275; 1 N.R. 258; 14 C.C.C.(2d) 385, refd to. [para. 16].

R. v. Ponsford (1978), 10 A.R. 428 (C.A.), refd to. [para. 16].

R. v. François (L.), [1994] 2 S.C.R. 827; 169 N.R. 241; 73 O.A.C. 161; 91 C.C.C.(3d) 289; 31 C.R.(4th) 201, refd to. [para. 20].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351; 36 C.C.C.(3d) 417; 59 C.R.(3d) 108; 17 B.C.L.R.(2d) 1; [1987] 6 W.W.R. 97; 43 D.L.R.(4th) 424, refd to. [para. 21].

R. v. Burns (R.H.), [1994] 1 S.C.R. 656; 165 N.R. 374; 42 B.C.A.C. 161; 67 W.A.C. 161; 89 C.C.C.(3d) 193; 29 C.R.(4th) 113, refd to. [para. 23].

R. v. Strause (D.) (1996), 178 A.R. 390; 110 W.A.C. 390 (C.A.), refd to. [para. 23].

R. v. Urie (1977), 7 A.R. 450; 38 C.C.C.(2d) 33 (C.A.), refd to. [para. 23].

R. v. Barriault (J.M.) (1993), 28 B.C.A.C. 241; 47 W.A.C. 241 (C.A.), refd to. [para. 24].

R. v. Wattley (D.J.) (1994), 50 B.C.A.C. 43; 82 W.A.C. 43 (C.A.), refd to. [para. 25].

R. v. Morrissey (R.J.) (1995), 80 O.A.C. 161; 97 C.C.C.(3d) 193 (C.A.), refd to. [para. 26].

R. v. Frazer (1989), 103 A.R. 81 (Q.B.), refd to. [para. 32].

R. v. Esnor, [1989] 1 W.L.R. 497 (C.A.), refd to. [para. 36].

R. v. McGibbon (1988), 31 O.A.C. 10; 45 C.C.C.(3d) 334 (C.A.), refd to. [para. 38].

R. v. Lawrie and Pointts Ltd. (1987), 19 O.A.C. 81; 59 O.R.(2d) 161 (C.A.), refd to. [para. 41].

R. v. Lemonides (G.) (1997), 35 O.T.C. 23; 35 O.R.(3d) 611 (Gen. Div.), refd to. [para. 43].

R. v. Draskovic (1972), 5 C.C.C.(2d) 186 (Ont. C.A.), refd to. [para. 56].

R. v. Romanowicz (J.) (1998), 49 O.T.C. 58 (Gen. Div.), refd to. [para. 58].

R. v. Koziol (G.) (1997), 47 O.T.C. 133 (Gen. Div.), refd to. [para. 59].

Counsel:

Charlotte K. Gardener, on her own behalf;

Steven M. Bilodeau, for the respondent.

This appeal was heard on December 4, 1997, before Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, who delivered the following judgment on March 27, 1998.