R. v. Graham (D.), (1995) 160 N.B.R.(2d) 306 (TD)

• Judge: Clendening, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 16, 1995
• Jurisdiction: New Brunswick
• Citations: (1995), 160 N.B.R.(2d) 306 (TD);1997 CanLII 9599 (NB QB);1995 CanLII 10753 (NB QB);1992 CanLII 2744 (NB QB);1999 CanLII 9410 (NB QB);2001 CanLII 8103 (NB QB);160 NBR (2d) 306;39 CR (4th) 339

R. v. Graham (D.) (1995), 160 N.B.R.(2d) 306 (TD);

    160 R.N.-B.(2e) 306; 412 A.P.R. 306

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Her Majesty The Queen v. Douglas Graham

(W/CM/56/94)

Indexed As: R. v. Graham (D.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Woodstock

Clendening, J.

April 6, 1995.

Summary:

A teacher was charged with assaulting a disobedient nine year old student.

The New Brunswick Provincial Court, in a decision reported 151 N.B.R.(2d) 81; 387 A.P.R. 81, dismissed the charge. The Crown appealed.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal.

Criminal Law - Topic 1421

Assaults - Defence - Child correction - Section 43 of the Criminal Code provided that a teacher was justified in using rea­sonable force by way of correction toward a pupil - A nine year old girl was dis­obedient and disruptive in class - The teacher spanked her once on the buttocks with a firm slap - The teacher was charged with assault - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, reviewed guidelines relevant to the application of s. 43 and affirmed the trial judge's acquittal of the accused.

Criminal Law - Topic 1427

Assaults - Evidence and proof - A teacher was charged with assaulting a student - At trial, the Crown sought to introduce two policy documents pertaining to disciplin­ary policy in the teacher's dis­trict - The Dis­trict Assist­ant Superin­tendent was called to identify the docu­ments - The trial judge refused to admit the documents, stating that while the docu­ments might be useful in a civil action they were of little value in a criminal case - The New Brunswick Court of Queen's Bench, Trial Division, affirmed the refusal, stating that even if admiss­ible, the docu­ments would only constitute one factor to be considered, would have been given little weight and would not have altered the out­come of the case - See para­graphs 14 to 17.

Criminal Law - Topic 5202

Evidence and witnesses - General - Ad­missibility - Whether relevant and material - [See Criminal Law - Topic 1427 ].

Education - Topic 5230

Students - Discipline and dismissal - Use of reason­able force by teacher - [See Criminal Law - Topic 1421 ].

Cases Noticed:

R. v. Dupperon (1984), 37 Sask.R. 84; 16 C.C.C.(3d) 453 (C.A.), refd to. [para. 9].

R. v. Dimmell (1980), 55 C.C.C.(2d) 239 (Ont. Dist. Ct.), consd. [para. 15].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 43 [para. 4 et seq.]; sect. 266 [para. 4].

Authors and Works Noticed:

Holy Bible (King James Version), gen­erally [para. 13].

Counsel:

William Wister, for the Crown;

Patrick Hurley, for the defence.

This appeal was heard on March 16, 1995, before Clendening, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Woodstock, who delivered the following decision on April 6, 1995.