R. v. Lansdell (C.L.), (2009) 478 A.R. 174 (PC)

• Judge: Allen, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: June 29, 2009
• Citations: (2009), 478 A.R. 174 (PC);2009 ABPC 182

R. v. Lansdell (C.L.) (2009), 478 A.R. 174 (PC)

MLB headnote and full text

Temp. Cite: [2009] A.R. TBEd. JL.051

Her Majesty the Queen v. Christina Lynn Lansdell (080535602P1; 2009 ABPC 182)

Indexed As: R. v. Lansdell (C.L.)

Alberta Provincial Court

Allen, P.C.J.

June 29, 2009.

Summary:

The accused was charged with obstructing a peace officer in the execution of his duty and possession of stolen property not exceeding $5,000. The accused asserted that her s. 7 Charter right to silence had been violated.

The Alberta Provincial Court found that the accused's s. 7 Charter right to silence had not been violated.

Civil Rights - Topic 3160

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to remain silent and protection against self-incrimination (Charter, s. 7) - The Alberta Provincial Court discussed the right to remain silent under s. 7 of the Charter - See paragraphs 21 to 30.

Civil Rights - Topic 3160

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to remain silent and protection against self-incrimination (Charter, s. 7) - A police officer responded to a scene where a suspicious person was parked in a motor vehicle - Before the officer approached the vehicle, she learned that the vehicle was stolen - The officer found the accused in the driver's seat of the vehicle - The officer arrested the accused for possession of a stolen vehicle - The officer informed the accused of her Charter rights - The officer then asked her for her name - The accused did not respond but stared at her intently - The officer continued to entreat the accused for her name - The accused continued to stare at her silently - On a few occasions, the accused mouthed words silently - The officer was able to make out the words: "My name is C ...". The officer made repeated requests that the accused provide her name at the scene of the arrest and the police station; however, the stalemate continued - The accused was charged with obstructing a peace officer in the execution of his duty and possession of stolen property not exceeding $5,000 - The accused asserted that her s. 7 Charter right to silence had been violated - The Alberta Provincial Court held that "the officer was persistent in her inquiries to obtain the [accused]'s name. She had a legitimate interest in obtaining this information. Had the officer's persistent questioning led to the [accused] telling the officer her name, the deprivation of the [accused]'s right to silence would have been in accordance with the principles of fundamental justice. However, she was unable to do so. The [accused] at all times maintained her right to silence and her free will was not overcome. In these circumstances, the [accused]'s right to silence was not infringed." - See paragraphs 44 to 59.

Criminal Law - Topic 136

General principles - Rights of accused - Right to silence - [See both Civil Rights - Topic 3160 ].

Cases Noticed:

R. v. Singh (J.), [2007] 3 S.C.R. 405; 369 N.R. 1; 249 B.C.A.C. 1; 414 W.A.C. 1; 225 C.C.C.(3d) 103; 2007 SCC 48, consd. [para. 5].

R. v. Baker (D.F.) (2004), 372 A.R. 230 (Prov. Ct.), refd to. [para. 6].

R. v. Scott (P.) et al. (2002), 159 O.A.C. 283 (C.A.), consd. [para. 9].

R. v. Hebert, [1990] 2 S.C.R. 151; 110 N.R. 1; 77 C.R.(3d) 145; 57 C.C.C.(3d) 1, refd to. [para. 15].

R. v. Beare; R. v. Higgins, [1988] 2 S.C.R. 387; 88 N.R. 205; 71 Sask.R. 1, refd to. [para. 21].

Reference Re Sections 193 and 195.1(1)(c) of the Criminal Code, [1990] 1 S.C.R. 1123; 109 N.R. 81; 68 Man.R.(2d) 1, refd to. [para. 21].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 33 C.C.C.(3d) 1, refd to. [para. 21].

Charkaoui, Re, [2007] 1 S.C.R. 350; 358 N.R. 1; 2007 SCC 9, refd to. [para. 21].

R. v. Clay (C.J.), [2003] 3 S.C.R. 735; 313 N.R. 252; 181 O.A.C. 350; 2003 SCC 75, refd to. [para. 21].

Reference Re Sections 193 and 195.1(1)(c) of the Criminal Code, [1990] 1 S.C.R. 1123; 109 N.R. 81; 68 Man.R.(2d) 1, refd to. [para. 22].

Reference Re Section 94(2) of the Motor Vehicle Act (B.C.), [1985] 2 S.C.R. 486; 63 N.R. 266, refd to. [para. 23].

R. v. Jackpine (R.), [2006] 1 S.C.R. 554; 347 N.R. 201; 210 O.A.C. 200; 2006 SCC 15, refd to. [para. 60].

R. v. Rodgers - see R. v. Jackpine (R.).

United States of America et al. v. Ferras (2006), 351 N.R. 1; 214 O.A.C. 326; 209 C.C.C.(3d) 353; 2006 SCC 33, refd to. [para. 24].

R. v. Malmo-Levine (D.) et al., [2003] 3 S.C.R. 571; 314 N.R. 1; 191 B.C.A.C. 1; 314 W.A.C. 1; 2003 SCC 74, refd to. [para. 26].

R. v. Jones (S.), [1994] 2 S.C.R. 229; 166 N.R. 321; 43 B.C.A.C. 241; 69 W.A.C. 241, refd to. [para. 27].

R. v. White (J.K.), [1999] 2 S.C.R. 417; 240 N.R. 1; 123 B.C.A.C. 161; 201 W.A.C. 161, refd to. [para. 27].

R. v. Moore, [1979] 1 S.C.R. 195; 24 N.R. 181, consd. [para. 37].

R. v. Turcotte (T.), [2005] 2 S.C.R. 519; 339 N.R. 32; 216 B.C.A.C. 1; 356 W.A.C. 1, refd to. [para. 56].

R. v. Chambers (No. 2), [1990] 2 S.C.R. 1293; 119 N.R. 321, refd to. [para. 56].

Counsel:

W. Gardner and M. Rosborough, for the Crown;

A. Myers, for the accused.

This matter was heard at Edmonton, Alberta, by Allen, P.C.J., of the Alberta Provincial Court, who delivered the following decision on June 29, 2009.