R. v. J.C., (1995) 66 B.C.A.C. 154 (YukCA)
Judge | Southin, Hinds and Ryan, JJ.A. |
Court | Court of Appeal (Yukon Territory) |
Case Date | November 01, 1995 |
Jurisdiction | Yukon |
Citations | (1995), 66 B.C.A.C. 154 (YukCA) |
R. v. J.C. (1995), 66 B.C.A.C. 154 (YukCA);
108 W.A.C. 154
MLB headnote and full text
Regina (appellant) v. J.C. (respondent)
(YUOO311)
Indexed As: R. v. J.C.
Yukon Court of Appeal
Southin, Hinds and Ryan, JJ.A.
November 1, 1995.
Summary:
The accused was charged with sexual assault. The accused sought a judicial stay on the ground that the destruction of tape recordings of the complainant's statements denied him the right to make full answer and defence under the Charter. The Yukon Supreme Court allowed the accused's application. The Crown appealed.
The Yukon Court of Appeal allowed the appeal and set aside the stay.
Civil Rights - Topic 8585
Canadian Charter of Rights and Freedoms - Practice - Time for deciding Charter issues - Original evidence, i.e., tape recorded statements of the complainant in a sexual assault case, were inadvertently destroyed before the accused could receive a copy - The Yukon Court of Appeal held that it was premature to say if the accused suffered such massive prejudice as to breach his Charter right to make full answer and defence.
Cases Noticed:
R. v. B.D.J. (1993), 19 C.R.R.(2d) 377 (Ont. C.A.), folld. [para. 5].
Statutes Noticed:
Canadian Charter of Rights and Freedoms, 1982, sect. 24 [para. 1].
Counsel:
S.D. Frankel, Q.C., for the appellant, Crown;
E.J. Horembala, Q.C., for the respondent.
This appeal was heard in Vancouver, British Columbia, before Southin, Hinds and Ryan, JJ.A., of the Yukon Court of Appeal.
On November 1, 1995, Southin, J.A., delivered the following decision orally for the Court of Appeal.
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R. v. Inuktaluk (I.), [2010] Nunavut Cases Uned. 20
...materialized citing paragraph 28 of La. He noted later in the judgment that the Yukon Court of Appeal (R. v. J.C., [1995] Y.J. No.133, 66 B.C.A.C. 154) had overturned the stay of proceedings granted by Hudson J. because it was premature. [59] At the trial the prejudice to the accused materi......
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R. v. Inuktaluk (I.), [2010] Nunavut Cases Uned. 20
...materialized citing paragraph 28 of La. He noted later in the judgment that the Yukon Court of Appeal (R. v. J.C., [1995] Y.J. No.133, 66 B.C.A.C. 154) had overturned the stay of proceedings granted by Hudson J. because it was premature. [59] At the trial the prejudice to the accused materi......