R. v. Giroux (C.D.), (2002) 318 A.R. 201 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 27, 2002
• Citations: (2002), 318 A.R. 201 (QB);2002 ABQB 532

R. v. Giroux (C.D.) (2002), 318 A.R. 201 (QB)

MLB headnote and full text

Temp. Cite: [2002] A.R. TBEd. JN.026

Her Majesty The Queen v. Calvin Dolphus Giroux

(005054622Q2; 2002 ABQB 532)

Indexed As: R. v. Giroux (C.D.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

May 28, 2002.

Summary:

The accused allegedly stabbed another man with a knife. The accused was charged in a six count indictment with second degree murder (count 1) and possession of a weapon for a purpose dangerous to the public peace (count 2). The indictment also included three counts of assault arising from an incident within three or four hours of the murder (counts 3, 4 and 5) and with obstruction of police which occurred some nine months later (count 6). The accused applied for severance of counts 3, 4, 5, and 6, from counts 1 and 2.

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

Criminal Law - Topic 4737.1

Procedure - Information or indictment - Charge or count - Indictable offences - Severing counts in an indictment - The accused allegedly stabbed another man with a knife - The accused was charged in a six count indictment with second degree murder (count 1) and possession of a weapon for a purpose dangerous to the public peace (count 2) - The indictment also included three counts of assault arising from an incident within three or four hours of the murder (counts 3, 4 and 5) and with obstruction of police which occurred some nine months later (count 6) - The accused applied for severance of counts 3, 4, 5, and 6, from counts 1 and 2 - The Alberta Court of Queen's Bench allowed the application - See paragraphs 1 to 55 - The court stated that "special severance rules apply where murder is charged: s. 589 of the Criminal Code. Of the 6 counts which are currently charged, only counts 1 and 2 arise out of the 'same transaction'. Parliament's limitation on the counts which can be joined to a murder charge must be respected. In addition to considerations which arise because the main count charges murder, counts 3, 4, 5, and 6 must also be severed by application of general severance principles." - See paragraphs 8 and 9.

Cases Noticed:

R. v. Litchfield, [1993] 4 S.C.R. 333; 161 N.R. 161; 145 A.R. 321; 55 W.A.C. 321; 25 C.R.(4th) 137; 86 C.C.C.(3d) 97; 14 Alta. L.R.(3d) 1, refd to. [para. 10].

R. v. Aburto (1998), 219 A.R. 132; 179 W.A.C. 132 (C.A.), refd to. [para. 10].

R. v. Egoroff (P.F.) (1999), 237 A.R. 181; 197 W.A.C. 181 (C.A.), refd to. [para. 10].

R. v. Cuthbert (D.A.), [1997] 1 S.C.R. 8; 208 N.R. 303; 86 B.C.A.C. 81; 142 W.A.C. 81, refd to. [para. 11].

R. v. Mousseau (T.M.) (2002), 309 A.R. 255 (Q.B.), refd to. [para. 11].

R. v. A.J., 2001 ABQB 492 (Q.B.), refd to. [para. 11].

R. v. August, [1996] B.C.J. No. 836 (Sup. Ct.), refd to. [para. 11].

R. v. Arcangioli (G.), [1994] 1 S.C.R. 129; 162 N.R. 280; 69 O.A.C. 26; 87 C.C.C.(3d) 289; 11 D.L.R.(4th) 48, refd to. [para. 12].

R. v. Christou, [1996] 2 All E.R. 927 (H.L.), refd to. [para. 12].

R. v. Beausoleil (K.) (1997), 35 O.T.C. 253 (Gen. Div.), refd to. [para. 12].

R. v. Melaragni and Longbre (1991), 72 C.C.C.(3d) 339 (Ont. Gen. Div.), refd to. [para. 12].

R. v. Noble (S.J.), [1997] 1 S.C.R. 874; 210 N.R. 321; 89 B.C.A.C. 1; 145 W.A.C. 1, refd to. [para. 12].

Authors and Works Noticed:

Ewaschuk, E.G., Criminal Pleadings and Practice in Canada (2nd Ed.), vol. 1, pp. 9 to 68 [para. 10].

MacDougall, D.V., Murder Indictments and Joining Other Offences (1989), 72 C.R.(3d) 167, generally [para. 12].

White, Eeva K., The White Side: Severance Counts, For Justice (Newsletter), generally [para. 10].

Counsel:

Craig Krieger, for the Crown;

Peter C. Hanington, for the accused.

This application was heard on May 27, 2002, before Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following memorandum of judgment on May 28, 2002.