R. v. Hillier (M.) et al., (2015) 369 Nfld. & P.E.I.R. 75 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 30, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 369 Nfld. & P.E.I.R. 75 (NLTD(G))

R. v. Hillier (M.) (2015), 369 Nfld. & P.E.I.R. 75 (NLTD(G));

    1150 A.P.R. 75

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JL.007

Her Majesty the Queen v. Michelle Hillier (201506G0067)

Her Majesty the Queen v. James Hillier

(201506G0068; 2015 NLTD(G) 95)

Indexed As: R. v. Hillier (M.) et al.

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

June 30, 2015.

Summary:

The accused husband and wife were arrested in March 2015 and charged with numerous offences, including firearms offences and possession of controlled substances for the purpose of trafficking. The husband was also charged with conspiracy to traffic in controlled substances. The accused were denied bail by a provincial court judge. They applied under s. 520 of the Criminal Code for a review of the judge's decision and to be released pending their trial.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application.

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary for protection of public (i.e., secondary ground) - [See first Criminal Law - Topic 3320 ].

Criminal Law - Topic 3304.1

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to maintain confidence in the administration of justice (i.e., tertiary ground) - [See first Criminal Law - Topic 3320 ].

Criminal Law - Topic 3308.3

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Surety - Suitability of - [See second Criminal Law - Topic 3320 ].

Criminal Law - Topic 3309

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - When available - [See third Criminal Law - Topic 3320 ].

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - The accused spouses were charged with numerous offences, including firearms offences and possession of controlled substances for the purpose of trafficking - The husband was also charged with conspiracy to traffic in controlled substances - The accused were denied bail by a provincial court judge, primarily on the basis that their detention was necessary for the protection or safety of the public (Criminal Code, s. 515(10)(b)) - In this regard, the judge referred to (1) the accused's criminal records, especially for drug offences; (2) the lack of deterrence from previous sentences, notably a seven year sentence that the husband received in 1995 for importing narcotics into the French islands of St. Pierre et Miquelon; (3) the wife's admitted drug use; (4) a proposed surety's evidence that she knew the accused were selling cocaine from their home; and (5) the accused's association with firearms - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the accused's application for a review - The judge did not err by denying bail on the basis of s. 515(10)(b) - He also would have been justified in detaining the accused because it was necessary to maintain confidence in the administration of justice (s. 515(10)(c)) - In addition to the above factors, the offences were serious and illegal drugs were pervasive in the town where the accused lived - See paragraphs 39 to 47.

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - A husband and wife (the Hilliers) were charged with numerous drug and firearms offences - They applied for a review of a provincial court judge's decision to deny them bail - New evidence on the application included affidavits from three proposed sureties - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application, stating that "Overall, the proposed sureties evinced a pre-detention, laissez-faire attitude towards the Hilliers' involvement with illegal drugs, characterized by their 'it's-none-of-my business' dismissal of rumors that is at odds with the obligations they would have if the Hilliers were released on their surety." - Further, two of the sureties were busily employed and had other personal and familial commitments that would limit their opportunity to supervise the Hilliers - They also balked when asked if they would post cash bonds of $1,000 to secure the Hilliers' release, instead of offering a simple promise to pay $1,000 if the Hilliers breached any conditions they might be released on - See paragraphs 49 and 50.

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - A husband and wife were charged with numerous drug and firearms offences - They applied for a review of a provincial court judge's decision to deny them bail - New evidence on the application included two offers of employment that the husband had received: one for a job as a fisherman on a boat and the other for an inshore business that offloaded fish - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - Any terms of employment that the husband might have with either of these employers would not allow for the kind of supervision that his release pending trial would require - In the first instance, the husband would be away from home for as long as 10 days - In the second instance, he would work on an uncertain schedule - Both employers required a flexibility and independence that being released on strict conditions would not accommodate - See paragraphs 51 and 52.

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - A husband and wife were charged with numerous drug and firearms offences - They applied for a review of a provincial court judge's decision to deny them bail - New evidence on the application included letters from the correctional institutions where the accused were remanded - The wife had incurred one institutional disciplinary charge but overall had demonstrated good behaviour - The husband had not incurred any disciplinary dispositions or incidents - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - While both letters were to the credit of the accused, they fell short of displacing the other factors that justified detaining them - Those factors included, inter alia, the seriousness of the offences and the accused's criminal records - See paragraph 53.

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - A husband and wife were charged with numerous drug and firearms offences - They applied for a review of a provincial court judge's decision to deny them bail - New evidence on the application included an investigational update from the police which appeared to eliminate the possibility that evidence would be obtained to support the belief that the accused had extorted property from drug customers who were indebted to them - However, the police follow-up also led to perjury charges against the husband, confirmed that the accused did not hold appropriate firearms licences, verified that items seized from the accused's home were or contained illegal drugs, and provided compelling evidence of text conversations about illegal drugs from cell phones seized from the home - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - There was no new evidence which showed a change that would allow the court to vary the provincial court judge's decision - If anything, the investigational update increased the need to detain the accused - See paragraphs 54 to 56.

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - A husband and wife were charged with numerous drug and firearms offences - They applied for a review of a provincial court judge's decision to deny them bail - The wife argued that the judge failed to consider her circumstances independently of her husband's, whose criminal record was older, longer and generally more serious than her own - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - First, defence counsel had submitted that the judge should consider the accused together at the beginning of the bail hearing - Second, there were compelling reasons to believe that the accused were acting in concert - See paragraphs 57 to 62.

Cases Noticed:

R. v. St-Cloud (J.) (2015), 471 N.R. 256; 2015 SCC 27, refd to. [para. 6].

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 7].

R. v. Boland (K.), [2015] Nfld. & P.E.I.R. Uned. 37; 2015 CarswellNfld 196 (Prov. Ct.), refd to. [para. 46].

Counsel:

Glen Picco, Q.C., for the Federal Crown;

Alison Manning, for the Provincial Crown;

Jeremy de Jong, for the accused.

This application was heard at Grand Bank, N.L., on June 16 and 17, 2015, before Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on June 30, 2015.