R. v. Hunt (D.W.), (2010) 357 Sask.R. 225 (PC)

• Judge: Kolenick, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: July 12, 2010
• Jurisdiction: Saskatchewan
• Citations: (2010), 357 Sask.R. 225 (PC);2010 SKPC 62

R. v. Hunt (D.W.) (2010), 357 Sask.R. 225 (PC)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. JL.032

Her Majesty the Queen v. Douglas Ward Hunt

(Information No. 43395605; 2010 SKPC 62)

Indexed As: R. v. Hunt (D.W.)

Saskatchewan Provincial Court

Kolenick, P.C.J.

July 12, 2010.

Summary:

The accused was charged with impaired driving and driving while having an excessive blood-alcohol level. The Crown had called two civilian witnesses and two peace officers. As the second peace officer was concluding his evidence, it came to light through his testimony that it would be possible to print off the content of the screens contained in the mobile data terminal which had been in operation in the police vehicle. Those articles had been requested as disclosure, but not produced by the Crown. The accused alleged that his right to make full answer and defence under s. 7 of the Charter had been breached and he sought a judicial stay of proceedings pursuant to s. 24(1) of the Charter.

The Saskatchewan Provincial Court held that the omission constituted a failure of the Crown's obligation to make full and timely disclosure and the accused's s. 7 Charter rights to make full answer and defence had been breached. However, the court held that the accused was unable to establish that the circumstances were sufficiently serious to require a judicial stay of proceedings in order to serve procedural fairness and his ability to make full answer and defence. A fair trial could be achieved by the court making an order that the two peace officers who had testified be recalled for further cross-examination on the hard copies of the mobile data terminal contents.

Civil Rights - Topic 3128

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to obtain information or evidence - [See Civil Rights - Topic 3133 ].

Civil Rights - Topic 3133

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to make full answer and defence - The accused was charged with impaired driving and driving while having an excessive blood-alcohol level - The Crown had called two civilian witnesses and two peace officers - As the second peace officer was concluding his evidence, it came to light through his testimony that it would be possible to print off the content of the screens contained in the mobile data terminal which had been in operation in the police vehicle - Those articles had been requested as disclosure, but not produced by the Crown - The accused alleged that his right to make full answer and defence under s. 7 of the Charter had been breached and he sought a judicial stay of proceedings pursuant to s. 24(1) of the Charter - The Saskatchewan Provincial Court held that the omission constituted a failure of the Crown's obligation to make full and timely disclosure and the accused's s. 7 Charter rights to make full answer and defence had been breached - However, the court held that the accused was unable to establish that the circumstances were sufficiently serious to require a judicial stay of proceedings in order to serve procedural fairness and his ability to make full answer and defence - A fair trial could be achieved by the court making an order that the two peace officers who had testified be recalled for further cross-examination on the hard copies of the mobile data terminal contents.

Civil Rights - Topic 3157

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to just and fair trial - [See Civil Rights - Topic 3133 ].

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3133 ].

Civil Rights - Topic 8380.21

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Discovery or production of evidence - [See Civil Rights - Topic 3133 ].

Criminal Law - Topic 128

Rights of accused - Right to make full answer and defence - [See Civil Rights - Topic 3133 ].

Criminal Law - Topic 129

Rights of accused - Right to discovery or production - [See Civil Rights - Topic 3133 ].

Criminal Law - Topic 4505

Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial - [See Civil Rights - Topic 3133 ].

Cases Noticed:

R. v. Aitken (D.R.) (1995), 138 Sask.R. 187 (Q.B.), refd to. [para. 8].

R. v. Dietz, [2001] S.J. No. 823 (Prov. Ct.), refd to. [para. 8].

R. v. Hirschboltz (G.A.) (2004), 243 Sask.R. 169; 2004 SKQB 17, refd to. [para. 8].

R. v. Smith (J.M) (2004), 253 Sask.R. 47; 2004 SKPC 108, refd to. [para. 8].

R. v. Bjelland (J.C.) (2009), 391 N.R. 202; 460 A.R. 230; 462 W.A.C. 230; 2009 SCC 38, refd to. [para. 9].

R. v. Nakonechny (J.M.), [2004] Sask.R. Uned. 257; 2004 SKPC 17, refd to. [para. 9].

R. v. Nguyen (T.C.) (2006), 285 Sask.R. 85; 378 W.A.C. 85; 2006 SKCA 83, refd to. [para. 9].

R. v. Donaldson (D.) (2006), 281 Sask.R. 105; 2006 SKQB 240, refd to. [para. 9].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 24(1) [para. 3].

Counsel:

Dorinda Stahl, for the Crown;

Michael Owens, for the accused.

This application was heard at Saskatoon, Saskatchewan, before Kolenick, P.C.J., of the Saskatchewan Provincial Court, who delivered the following interim ruling on July 12, 2010.