R. v. A.J.H., (2006) 392 A.R. 395 (PC)

• Judge: Fradsham, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: May 26, 2006
• Citations: (2006), 392 A.R. 395 (PC);2006 ABPC 148

R. v. A.J.H. (2006), 392 A.R. 395 (PC)

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. JN.070

Her Majesty the Queen v. A.J.H.

(040537904P101001-004; 2006 ABPC 148)

Indexed As: R. v. A.J.H.

Alberta Provincial Court

Fradsham, P.C.J.

May 26, 2006.

Summary:

A.J.H. was charged with four sexual offences. During the summary conviction trial, it became clear that the alleged offence dates included time when A.J.H. was a youth. The Crown applied to amend the information so that the offences only occurred after A.J.H. became an adult.

The Alberta Provincial Court allowed the application.

Editor's note: certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 7261

Summary conviction proceedings - Informations - Validity - General - A.J.H. was charged with four offences - During the summary conviction trial, the court realized that the offence dates included time when A.J.H. was a youth - The Crown applied to amend the information so that the offences occurred after A.J.H. became an adult - A.J.H. submitted that the court lacked jurisdiction based on the current information and could not entertain an application that would create jurisdiction where none previously existed - The Alberta Provincial Court allowed the application - Each count disclosed an offence known to law and gave the accused fair notice - The information was not a nullity - Further, s. 504 of the Criminal Code required the court to receive an information that was valid on its face and within the court's territorial jurisdiction - The information was properly received - Regarding the court's jurisdiction to hear the amendment application, s. 16 of the Youth Criminal Justice Act gave the youth court preferred, but non-exclusive, jurisdiction where a person was alleged to have committed an offence during a period that included time when the person was a youth - Though the adult court might not normally exercise that jurisdiction, it existed and extended to an amendment application - There was no evidence that the amendments sought would prejudice A.J.H.

Criminal Law - Topic 7263

Summary conviction proceedings - Informations - Nullities - General - [See Criminal Law - Topic 7261 ].

Criminal Law - Topic 7275

Summary conviction proceedings - Informations - Amendments - General - [See Criminal Law - Topic 7261 ].

Criminal Law - Topic 7277

Summary conviction proceedings - Informations - Amendments - Whether prejudicial - [See Criminal Law - Topic 7261 ].

Criminal Law - Topic 8704

Young offenders - General principles - Jurisdiction - Courts - General - [See Criminal Law - Topic 7261 ].

Criminal Law - Topic 8706

Young offenders - General principles - Jurisdiction - Courts - Age of young offender - [See Criminal Law - Topic 7261 ].

Cases Noticed:

R. v. D.S. (1997), 168 Sask.R. 225; 173 W.A.C. 225; 127 C.C.C.(3d)162 (C.A.), refd to. [para. 10].

R. v. Moore, [1988] 1 S.C.R. 1097; 85 N.R. 195; 41 C.C.C.(3d) 289, refd to. [para. 12].

R. v. Stevenson (1979), 28 N.B.R.(2d) 306; 63 A.P.R. 306 (C.A.), affd. (1983), 47 N.R. 60 (S.C.C.), refd to. [para. 17].

R. v. P.A.K. (1992), 103 Nfld. & P.E.I.R. 343; 326 A.P.R. 343 (Nfld. T.D.), consd. [para. 21].

R. v. P.P., [1998] Nfld. & P.E.I.R. Uned. 51 (Nfld. T.D.), refd to. [para. 27].

R. v. E.A.A. (1987), 22 O.A.C. 83 (C.A.), refd to. [para. 29].

R. v. Desjarlais (J.A.) (1994), 92 Man.R.(2d) 236; 61 W.A.C. 236 (C.A.), consd. [para. 31].

R. v. L.W., [2002] N.W.T.J. No. 14 (N.W.T.C.A.), refd to. [para. 33].

R. v. J.M.W., [1997] B.C.J. No. 706 (Yth. Ct.), refd to. [para. 34].

R. v. L.L. (2003), 169 O.A.C. 373 (C.A.), consd. [para. 37].

R. v. D.L., 2001 CarswellQue 2578 (C.A.), refd to. [para. 40].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 504 [para. 16].

Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 16 [para. 6].

Authors and Works Noticed:

Ewaschuk, Eugene G., Criminal Pleadings and Practice in Canada (2nd Ed.), para. 9:12130 [para. 40].

Counsel:

S. Pepper, for the Crown;

M. Brebner, for the defence.

This application was heard by Fradsham, P.C.J., of the Alberta Provincial Court, who delivered the following reasons for decision on May 26, 2006.