R. v. Holt (B.B.), (1999) 186 Sask.R. 316 (ProvCt)

• Judge: Carter, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: October 07, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 186 Sask.R. 316 (ProvCt)

R. v. Holt (B.B.) (1999), 186 Sask.R. 316 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. NO.027

In The Matter Of Information No. 32791246

Her Majesty the Queen v. Braidy B. Holt

Indexed As: R. v. Holt (B.B.)

Saskatchewan Provincial Court

Judicial Centre of Prince Albert

Carter, P.C.J.

October 7, 1999.

Summary:

The accused was charged with offences under the Criminal Code and released after entering into a recognizance. Before the preliminary hearing, the accused brought an application to vary the conditions of his release. The Crown argued that the Provin­cial Court had no jurisdiction to hold a hearing, at least at this stage of the pro­ceed­ings.

The Saskatchewan Provincial Court dis­missed the application.

Criminal Law - Topic 3317

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Jurisdic­tion of court - The accused was charged with offences under the Criminal Code and released after entering into a recognizance - Before the preliminary hearing, the accused brought an application to vary the conditions of his release - The Crown argued that the Provincial Court had no jurisdiction to hold a hearing, at least at this stage of the proceedings - The defence argued that s. 523(2)(a) of the Criminal Code gave the court immediate jurisdiction to hold a hearing and vary the order - The Saskatchewan Provincial Court dis­missed the application, ruling that the effect of s. 523(2)(a) is that "an appli­cation such as this can only be heard after the trial has commenced whether that be in Provincial Court or the Court of Queen's Bench." - See paragraphs 6 to 10.

Criminal Law - Topic 3319

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Vacating, cancelling or varying interim release order - [See Criminal Law - Topic 3317 ].

Cases Noticed:

R. v. Patterson (1985), 59 A.R. 163; 19 C.C.C.(3d) 149 (C.A.), refd to. [para.9].

R. v. McCreery (1996), 110 C.C.C.(3d) 561 (B.C.S.C.), refd to. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 523(2)(a) [para. 3].

Counsel:

M. Friesen, for the Crown;

G. Bendig, for the defence.

This application was heard before Carter, P.C.J., of the Saskatchewan Provincial Court, Judicial Centre of Prince Albert, who delivered the following decision on October 7, 1999.