R. v. Kwiatek (D.), (1997) 28 O.T.C. 350 (GD)

• Judge: Thomas, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: April 24, 1997
• Jurisdiction: Ontario
• Citations: (1997), 28 O.T.C. 350 (GD)

R. v. Kwiatek (D.) (1997), 28 O.T.C. 350 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. MY.035

Her Majesty The Queen (respondent) v. Derek Kwiatek (appellant)

(Court File No. SCA(P) 691/96)

Indexed As: R. v. Kwiatek (D.)

Ontario Court of Justice

General Division

Brampton

Thomas, J.

April 24, 1997.

Summary:

An accused was charged with impaired operation of a motor vehicle and dangerous driving. At trial, the accused was represented by an agent, his accountant. The accused subsequently discharged his agent, advising the trial judge that he was prepared to proceed without legal counsel. The accused was convicted. He appealed, alleging that he did not receive a fair trial and that the trial judge should have inquired into the agent's qualifications. Furthermore, the trial judge should have advised the accused that he would be at a distinct disadvantage in proceeding without competent counsel. Finally, the accused submitted that the trial judge erred in failing to grant him an adjournment to allow him to call a witness.

The Ontario Court (General Division) dismissed the appeal. The accused received a fair trial. The trial judge was under no duty to investigate the agent's qualifications. Furthermore, the accused chose to be represented by his accountant and had been informed of his right to legal counsel. The trial judge did not err in not granting the accused an adjournment where the accused had ample opportunity to arrange for the witness to attend to give evidence; the accused did not specifically request an adjournment; and it was unlikely that the witness's evidence would have affected the result.

Courts - Topic 589

Judges - Duties - To self-represented party - See paragraphs 9 to 18.

Criminal Law - Topic 4294

Procedure - Trial judge - Duties and functions of - Where accused not represented - See paragraphs 9 to 18.

Criminal Law - Topic 4302.1

Procedure - Trial judge - Duties and functions of - Respecting adjournments - See paragraphs 19 to 26.

Criminal Law - Topic 4485

Procedure - Trial - Adjournments - See paragraphs 19 to 26.

Counsel:

Terry MacKay, for the appellant;

Tyler Shuster, for the Crown.

This appeal was heard on March 24, 1997, before Thomas, J., of the Ontario Court (General Division).

The following judgment was endorsed on the record on April 24, 1997.