R. v. Hyra (J.), 2007 MBCA 69

• Jurisdiction: Manitoba
• Judge: Freedman, Chartier and Joyal, JJ.A.
• Neutral Citation: 2007 MBCA 69
• Citation: 2007 MBCA 69,(2007), 214 Man.R.(2d) 215 (CA),221 CCC (3d) 494,214 Man R (2d) 215,214 ManR(2d) 215,(2007), 214 ManR(2d) 215 (CA),214 Man.R.(2d) 215
• Date: 13 April 2007
• Court: Court of Appeal (Manitoba)

R. v. Hyra (J.) (2007), 214 Man.R.(2d) 215 (CA);

      395 W.A.C. 215

MLB headnote and full text

Temp. Cite: [2007] Man.R.(2d) TBEd. JN.026

Her Majesty The Queen (respondent) v. Jason Hyra (accused/appellant)

(AR 06-30-06499; 2007 MBCA 69)

Indexed As: R. v. Hyra (J.)

Manitoba Court of Appeal

Freedman, Chartier and Joyal, JJ.A.

June 1, 2007.

Summary:

The accused was convicted of criminal harassment (Criminal Code, s. 264(2)(d)). He appealed.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 1593

Criminal harassment - What constitutes - Sections 264(2)(a) to (d) of the Criminal Code defined different types of conduct as criminal harassment - Section 264(2)(d) referred to "engaging in threatening conduct directed at the other person or any member of their family" - The Manitoba Court of Appeal stated that a single incident could constitute threatening conduct under s. 264(2)(d) provided that it carried as a consequence that the complainant was in a state of being harassed - See paragraph 22.

Criminal Law - Topic 1593

Criminal harassment - What constitutes - A trial judge convicted the accused of criminal harassment under s. 264(2)(d) of the Criminal Code, but he did not expressly state what the threatening conduct was that caused him to convict under s. 264(2)(d) - The accused appealed - The Manitoba Court of Appeal dismissed the appeal where it was apparent from the evidentiary record that there was a basis for the conclusion drawn by the trial judge when he stated in his reasons that "the fear the complainant felt was reasonable given its nature and repetitiveness, particularly in the face of her police complaints" - What readily demonstrated that the accused's conduct had reached the level of criminal harassment under s. 264(2)(d) was his threatening conduct towards the complainant in 2004, when he threatened to "ruin her life" - This threatening conduct was to be examined in the context of all that preceded it - Indeed, the indictment specified that the offence occurred between December 1, 2000 and August 2, 2004.

Criminal Law - Topic 1595

Criminal harassment - Evidence and proof - [See second Criminal Law - Topic 1593 ].

Cases Noticed:

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351, refd to. [para. 3].

R. v. Biniaris (J.), [2000] 1 S.C.R. 381; 252 N.R. 204; 134 B.C.A.C. 161; 219 W.A.C. 161; 143 C.C.C.(3d) 1; 2000 SCC 15, refd to. [para. 3].

R. v. Flett (D.) et al. (2005), 195 Man.R.(2d) 36; 351 W.A.C. 36; 2005 MBCA 61, refd to. [para. 3].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 4].

R. v. Sillipp (E.F.) (1997), 209 A.R. 253; 160 W.A.C. 253; 120 C.C.C.(3d) 384 (C.A.), leave to appeal denied (1998), 228 N.R. 195; 219 A.R. 107; 179 W.A.C. 107 (S.C.C.), refd to. [para. 6].

R. v. Krushel (M.) et al. (2000), 130 O.A.C. 160; 142 C.C.C.(3d) 1 (C.A.), refd to. [para. 12].

R. v. Lamontagne (1998), 129 C.C.C.(3d) 181 (Que. C.A.), refd to. [para. 12].

R. v. Kosikar (K.I.) (1999), 124 O.A.C. 289; 138 C.C.C.(3d) 217 (C.A.), leave to appeal denied (2000), 255 N.R. 199; 135 O.A.C. 197; 142 C.C.C.(3d) vi (S.C.C.), refd to. [para. 22].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 264(2)(d) [para. 1].

Counsel:

M. Wasyliw, for the appellant;

D. Rampersad, Q.C., for the respondent.

This appeal was heard on April 13, 2007, by Freedman, Chartier and Joyal, JJ.A., of the Manitoba Court of Appeal. Chartier, J.A., delivered the following decision for the court on June 1, 2007.