R. v. Gilchrist (T.J.), 2011 SKQB 445

JudgeCurrie, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateNovember 28, 2011
JurisdictionSaskatchewan
Citations2011 SKQB 445;(2011), 387 Sask.R. 230 (QB)

R. v. Gilchrist (T.J.) (2011), 387 Sask.R. 230 (QB)

MLB headnote and full text

Temp. Cite: [2011] Sask.R. TBEd. DE.039

Her Majesty the Queen (appellant) v. Terrence J. Gilchrist (respondent)

(2011 Q.B.C.A. No. 11; 2011 SKQB 445)

Indexed As: R. v. Gilchrist (T.J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Currie, J.

November 28, 2011.

Summary:

On a pretrial application by the accused, who was facing impaired driving charges, the trial judge granted a stay of proceedings because a police videotape requested by the accused had been destroyed after the accused's request for disclosure. The Crown appealed.

The Saskatchewan Court of Queen's Bench allowed the appeal. The stay was set aside. A trial was to be conducted. The accused's application for a stay was to be determined once the trial evidence had been adduced.

Criminal Law - Topic 4486

Procedure - Trial - Stay of proceedings - On a pretrial application by the accused, who was facing impaired driving charges, the trial judge granted a stay of proceedings because a police videotape had been destroyed after the accused's request for disclosure - The Saskatchewan Court of Queen's Bench allowed the Crown's appeal - The trial judge erred in deciding the application before hearing the trial evidence - Although the contents of the videotape could not be known, the trial evidence could have been useful in determining the application - There might have been evidence as to the nature of the videotape and the trial judge might have been in a better position to assess the degree of prejudice to the accused caused by the videotape's destruction - The videotape's relevance to the accused's right to make full answer and defence was not apparent - While the videotape's possible relevance could be speculated upon, a prosecution was not to be stayed on speculation - The stay was set aside - A trial was to be conducted - The accused's application for a stay was to be determined once the trial evidence had been adduced.

Cases Noticed:

R. v. Banford (R.) (2011), 386 Sask.R. 141; 2011 SKQB 418, refd to. [para. 11].

R. v. Lipovetsky, 2007 ONCJ 484, refd to. [para. 14].

R. v. Dulude (V.) (2004), 189 O.A.C. 323; 189 C.C.C.(3d) 18 (C.A.), refd to. [para. 16].

Counsel:

Dorinda M. Stahl, for the appellant, Crown;

Michael W. Owens, for the respondent.

This appeal was heard by Currie, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on November 28, 2011.

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5 practice notes
  • R.. v LOUTITT,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 21 Marzo 2022
    ...granting of a stay of proceedings, as cited by the Crown: Grimes [1998 ABCA 9, 122 CCC (3d) 331], Bero, Gilchrist QB [2011 SKQB 445, 387 Sask R 230], Crane [2013 NLCA 44, 288 CRR (2d) 183] or Girou [2017 ABCA 426, 61 Alta LR (6th) 215]. In my opinion, the ......
  • R v K.D.S.,
    • Canada
    • Court of Appeal (Saskatchewan)
    • 28 Mayo 2021
    ...La demonstrates that it is rarely appropriate for a trial judge to grant a stay of proceedings pre-trial: Grimes; Bero; R v Gilchrist, 2011 SKQB 445 at para 21, 387 Sask R 230, leave to appeal to Sask CA refused, 2013 SKCA 142, 427 Sask R 258 [Gilchrist QB]; R v Crane, 2013 NLCA 44 at ......
  • R. v. Gilchrist (T.J.), 2013 SKCA 142
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 16 Mayo 2013
    ...after the accused's request for disclosure. The Crown appealed. The Saskatchewan Court of Queen's Bench, in a decision reported at (2011), 387 Sask.R. 230, allowed the appeal. The stay was set aside. A trial was to be conducted. The accused's application for a stay was to be determined once......
  • R. v. JOBB,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 16 Febrero 2022
    ...for a trial judge to grant a stay of proceedings pre-trial: Grimes [1998 ABCA 9]; Bero [(2000), 137 OAC 336 (Ont CA); R v Gilchrist, 2011 SKQB 445 at para 21, 387 Sask R 230, leave to appeal to Sask CA refused, 2013 SKCA 142, 427 Sask R 258 [Gilchrist QB]; R v Crane, 2013 NLCA 44 at para 26......
  • Request a trial to view additional results
5 cases
  • R.. v LOUTITT,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 21 Marzo 2022
    ...granting of a stay of proceedings, as cited by the Crown: Grimes [1998 ABCA 9, 122 CCC (3d) 331], Bero, Gilchrist QB [2011 SKQB 445, 387 Sask R 230], Crane [2013 NLCA 44, 288 CRR (2d) 183] or Girou [2017 ABCA 426, 61 Alta LR (6th) 215]. In my opinion, the ......
  • R v K.D.S.,
    • Canada
    • Court of Appeal (Saskatchewan)
    • 28 Mayo 2021
    ...La demonstrates that it is rarely appropriate for a trial judge to grant a stay of proceedings pre-trial: Grimes; Bero; R v Gilchrist, 2011 SKQB 445 at para 21, 387 Sask R 230, leave to appeal to Sask CA refused, 2013 SKCA 142, 427 Sask R 258 [Gilchrist QB]; R v Crane, 2013 NLCA 44 at ......
  • R. v. Gilchrist (T.J.), 2013 SKCA 142
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 16 Mayo 2013
    ...after the accused's request for disclosure. The Crown appealed. The Saskatchewan Court of Queen's Bench, in a decision reported at (2011), 387 Sask.R. 230, allowed the appeal. The stay was set aside. A trial was to be conducted. The accused's application for a stay was to be determined once......
  • R. v. JOBB,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 16 Febrero 2022
    ...for a trial judge to grant a stay of proceedings pre-trial: Grimes [1998 ABCA 9]; Bero [(2000), 137 OAC 336 (Ont CA); R v Gilchrist, 2011 SKQB 445 at para 21, 387 Sask R 230, leave to appeal to Sask CA refused, 2013 SKCA 142, 427 Sask R 258 [Gilchrist QB]; R v Crane, 2013 NLCA 44 at para 26......
  • Request a trial to view additional results

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