R. v. Klassen (P.), (1994) 125 Sask.R. 56 (CA)
| Judge | Gerwing, J.A. |
| Court | Court of Appeal (Saskatchewan) |
| Case Date | May 10, 1994 |
| Jurisdiction | Saskatchewan |
| Citations | (1994), 125 Sask.R. 56 (CA) |
R. v. Klassen (P.) (1994), 125 Sask.R. 56 (CA);
81 W.A.C. 56
MLB headnote and full text
Peter Klassen (applicant) v. Her Majesty The Queen (respondent)
(Appeal No. 6311)
Indexed As: R. v. Klassen (P.)
Saskatchewan Court of Appeal
Gerwing, J.A.
October 13, 1994.
Summary:
The accused applied to extend the time for leave to appeal his conviction and/or sentence. The accused had pleaded guilty to sexual assaults on four children. On appeal he would argue that he was pressured to plead guilty, that he now had information which would have affected his plea decision and that medication he was taking precluded his understanding the nature of what he was doing.
The Saskatchewan Court of Appeal dismissed the application.
Criminal Law - Topic 4909
Appeals - Indictable offences - Procedure - Application for leave to appeal - Extension of time for filing - The accused applied to extend the time for leave to appeal his conviction and/or sentence - He had pleaded guilty to sexual assaults on children - He would argue on appeal that he was pressured to plead guilty, that he now had information which would have affected his plea and that medication he was taking precluded his understanding the nature of what he was doing - The Saskatchewan Court of Appeal dismissed the application - The accused did not have a bona fide intent to appeal during the appeal period, there would be prejudice in requiring the children to testify years after the events and the merits of the appeal were weak.
Cases Noticed:
R. v. Read (L.G.) (1994), 47 B.C.A.C. 28; 76 W.A.C. 28 (C.A.), folld. [para. 4].
R. v. Mohammed (F.), [1990] 2 W.W.R. 470; 61 Man.R.(2d) 192 (C.A.), folld. [para. 5].
Counsel:
Reg Parker, for the applicant;
K. MacKay, Q.C., and D.M. Brown, Q.C., for the respondent.
This application was heard on May 10, 1994 and subsequent adjourned dates thereafter, before Gerwing, J.A., in Chambers, of the Saskatchewan Court of Appeal. The following judgment was delivered by Gerwing, J.A., on October 13, 1994.
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YASHCHESHEN v. THE ATTORNEY GENERAL OF CANADA and THE ATTORNEY GENERAL OF SASKATCHEWAN, 2020 SKQB 185
...to cross-examination on the documents. Madam Justice Gerwing stated at paras. 11-13 of the reported case R. v. Klassen (P.) (1994), 125 Sask. R. 56 [11] The applicant and his lawyers in my view were well aware of allegations of bizarre testimony and bizarre conduct by three of the four vict......
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Ramsay v. Saskatchewan et al., 2003 SKQB 163
...213 (Q.B.), refd to. [para. 31]. M.L.R. and P.K. Sr. v. Dueck (2002), 220 Sask.R. 56 (Q.B.), refd to. [para. 31]. R. v. Klassen (P.) (1994), 125 Sask.R. 56; 81 W.A.C. 56 (C.A.), refd to. [para. Banks v. Bliefernich, [1988] 4 W.W.R. 296 (B.C.S.C.), refd to. [para. 31]. Beardsley v. Ontario e......
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R. v. Staples (J.T.), 2007 BCCA 616
...R. v. Clermont (S.M.) (1996), 150 N.S.R.(2d) 264; 436 A.P.R. 264; 31 W.C.B.(2d) 2 (C.A.), refd to. [para. 61]. R. v. Klassen (P.) (1994), 125 Sask.R. 56; 81 W.A.C. 56; 25 W.C.B.(2d) 145 (C.A.), refd to. [para. R. v. King (E.C.L.), [2004] O.A.C. Uned. 108; 60 W.C.B.(2d) 577 (C.A.), refd to. ......
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R v Mehari,
...justice weigh in favour of extending the time for appeal? (See, R. v. G.(M.A.) (2002), 167 C.C.C. (3d) 435 (B.C.C.A.); R. v. Klassen (1994), 125 Sask. R. 56 (Sask. C.A.); and R v. Thomas, [1990] 1 S.C.R. 713.) [14] Then, later that year, a panel of ......
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YASHCHESHEN v. THE ATTORNEY GENERAL OF CANADA and THE ATTORNEY GENERAL OF SASKATCHEWAN, 2020 SKQB 185
...to cross-examination on the documents. Madam Justice Gerwing stated at paras. 11-13 of the reported case R. v. Klassen (P.) (1994), 125 Sask. R. 56 [11] The applicant and his lawyers in my view were well aware of allegations of bizarre testimony and bizarre conduct by three of the four vict......
-
Ramsay v. Saskatchewan et al., 2003 SKQB 163
...213 (Q.B.), refd to. [para. 31]. M.L.R. and P.K. Sr. v. Dueck (2002), 220 Sask.R. 56 (Q.B.), refd to. [para. 31]. R. v. Klassen (P.) (1994), 125 Sask.R. 56; 81 W.A.C. 56 (C.A.), refd to. [para. Banks v. Bliefernich, [1988] 4 W.W.R. 296 (B.C.S.C.), refd to. [para. 31]. Beardsley v. Ontario e......
-
R. v. Staples (J.T.), 2007 BCCA 616
...R. v. Clermont (S.M.) (1996), 150 N.S.R.(2d) 264; 436 A.P.R. 264; 31 W.C.B.(2d) 2 (C.A.), refd to. [para. 61]. R. v. Klassen (P.) (1994), 125 Sask.R. 56; 81 W.A.C. 56; 25 W.C.B.(2d) 145 (C.A.), refd to. [para. R. v. King (E.C.L.), [2004] O.A.C. Uned. 108; 60 W.C.B.(2d) 577 (C.A.), refd to. ......
-
R v Mehari,
...justice weigh in favour of extending the time for appeal? (See, R. v. G.(M.A.) (2002), 167 C.C.C. (3d) 435 (B.C.C.A.); R. v. Klassen (1994), 125 Sask. R. 56 (Sask. C.A.); and R v. Thomas, [1990] 1 S.C.R. 713.) [14] Then, later that year, a panel of ......