R. v. Hatfield, (1984) 59 N.B.R.(2d) 271 (PC)

• Judge: Harper, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: November 23, 1984
• Jurisdiction: New Brunswick
• Citations: (1984), 59 N.B.R.(2d) 271 (PC)

R. v. Hatfield (1984), 59 N.B.R.(2d) 271 (PC);

    59 R.N.-B.(2e) 271; 154 A.P.R. 271

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R. v. Hatfield

Indexed As: R. v. Hatfield

Répertorié: R. v. Hatfield

New Brunswick Provincial Court

Harper, P.C.J.

November 23, 1984.

Summary:

Résumé:

The accused was charged with possession of marijuana contrary to s. 3(2)(a) of the Narcotic Control Act. Before plea, counsel for the accused applied to quash the information on the ground that it was not drafted in conformity with Form 2 of Part 24 of the Criminal Code of Canada.

The New Brunswick Provincial Court dismissed the application. The court held that the information was defective in form for non-compliance with Form 2, but that the information could be amended under s. 732 of the Criminal Code at any time after the accused's plea.

Barristers and Solicitors - Topic 654

Duty to court - Duty of disclosure - Relevant case law - The New Brunswick Provincial Court stated that "although there is no doubt that it is the duty of counsel to pursue the interests of a client with all due diligence, there is also a duty on counsel as an officer of the court to bring all relevant decisions of which he is aware to the attention of the court so that no miscarriage of justice can occur as a result of the court being per incuriam of the law applicable to the case at bar" - See paragraph 37.

Criminal Law - Topic 4476

Procedure - Trial - Commencement of, when - The New Brunswick Provincial Court held that a trial did not begin until issue was joined, which was after the accused was arraigned under s. 736 of the Criminal Code of Canada and entered a plea - See paragraph 19.

Criminal Law - Topic 7283

Summary conviction proceedings - Informations - Defects - Curing of - An informant alleged personal knowledge of the commission of an offence, when in fact, he had no personal knowledge - The New Brunswick Provincial Court held that the information was defective in form for noncompliance with Form 2 of Part 24 of the Criminal Code of Canada; the information should have stated that the informant had reasonable and probable grounds to believe and did believe that the offence had been committed - The court held that the defect in form did not render the information a nullity, but could be amended under s. 732 of the Criminal Code at any time after the accused's plea - See paragraphs 8 to 38.

Cases Noticed:

R. v. Lepage, [1969] 1 C.C.C. 187 (Ont. H.C.), dist. [paras. 15 to 20].

R. v. Jones (1971), 1 Nfld. & P.E.I.R. 394; 3 C.C.C.(2d) 25, dist. [paras. 15, 16, 20, 21].

R. v. Deal (1978), 24 N.S.R.(2d) 594; 35 A.P.R. 594; 38 C.C.C.(2d) 425, refd to. [para. 15].

R. v. Canadian Industries Ltd. (1983), 41 N.B.R.(2d) 631; 107 A.P.R. 631; 69 C.C.C.(2d) 533, folld. [paras. 15, 16, 33 to 36].

R. v. WIS Developments Corporation Ltd. (1984), 53 N.R. 134; 40 C.R.(3d) 97 (S.C.C.), not appld. [paras. 15, 16, 22 to 29].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 723(1) [para. 9]; Form 2, Part 24 [para. 11].

Counsel:

Gary Miller and Rodney J. Gillis, for Richard B. Hatfield;

C. David Hughes, Q.C., and James D. Bissell, for the Crown.

This application was heard at Fredericton, New Brunswick, before Harper, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment on November 23, 1984: