R. v. Hamer, (1985) 78 A.R. 74 (QB)

• Judge: Sulatycky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 31, 1985
• Citations: (1985), 78 A.R. 74 (QB)

R. v. Hamer (1985), 78 A.R. 74 (QB)

MLB headnote and full text

R. v. Hamer

(No. 8501-0098s0-A01)

Indexed As: R. v. Hamer

Alberta Court of Queen's Bench

Judicial District of Calgary

Sulatycky, J.

May 31, 1985.

Summary:

The issue in this case was whether the Crown was required to prove as an element of its case that the accused was informed of his right to retain and instruct counsel without delay. The Alberta Court of Queen's Bench held that there was no such burden on the Crown. The court quashed the accused's conviction and ordered a new trial.

Civil Rights - Topic 4943

Right to counsel - Evidence - Burden of proof in criminal cases - The Alberta Court of Queen's Bench held that the Crown was not required to prove as an essential element of its case the fact that the accused was advised of his right to counsel - The court held that if the accused raised the issue of his right to counsel under s. 10(b) of the Charter, the burden shifted to the Crown to establish beyond a reasonable doubt that the accused's rights were not infringed or denied - See paragraph 5.

Cases Noticed:

R. v. Therens, [1985] 1 S.C.R. 613; 59 N.R. 122; 40 Sask.R. 122; [1985] 4 W.W.R. 286; 45 C.R.(3d) 97; 18 C.C.C.(3d) 481; 18 D.L.R.(4th) 655; 32 M.V.R. 153, refd to. [para. 3].

Regina v. Cox (1984), 37 C.R.(3d) 38 (Ont. Dist. Ct.), agreed with [para. 4].

R. v. Drever (1982), 39 A.R. 181 (C.A.), appld. [para. 6].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [paras. 4-5]; sect. 24 [para. 3].

Counsel:

S. Jackson, for the Crown;

G. Davison, for the accused.

This case was heard before Sulatycky, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, whose decision was delivered orally at Calgary, Alberta, on May 31, 1985.