R. v. Laventure (C.), (2013) 419 Sask.R. 173 (QB)

• Judge: Turcotte, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 22, 2013
• Jurisdiction: Saskatchewan
• Citations: (2013), 419 Sask.R. 173 (QB);2013 SKQB 153

R. v. Laventure (C.) (2013), 419 Sask.R. 173 (QB)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. MY.033

Her Majesty the Queen (appellant) v. Curtis Laventure (respondent)

(2013 QBA No. 4; 2013 SKQB 153)

Indexed As: R. v. Laventure (C.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Turcotte, J.

April 22, 2013.

Summary:

The accused was charged with impaired driving offences. On January 30, a Provincial Court judge granted a judicial stay of proceedings pursuant to s. 24(1) of the Charter on the grounds that there had been a breach of the accused's rights to be tried within a reasonable time. The Crown's notice of appeal was not received by the registry office until March 5, which was four days later than the prescribed time period for summary conviction appeals. The Crown applied to extend the time for filing the notice of appeal.

The Saskatchewan Court of Queen's Bench allowed the application.

Criminal Law - Topic 7468

Summary conviction proceedings - Appeals - General - Extension of time for appealing - Laventure was charged with impaired driving offences - On January 30, a Provincial Court judge granted a judicial stay of proceedings pursuant to s. 24(1) of the Charter - Laventure was served with the Crown's notice of appeal on February 26 - On February 28, the RCMP forwarded the notice of appeal to the court via ordinary mail - It was not received by the registry office until March 5, which was four days later than the time period prescribed in the Queen's Bench Rules - The Crown applied to extend the time for filing the notice of appeal - Laventure pointed out that, contrary to rule 3, the Crown had not filed the notice of appeal and then served him, and the notice of appeal was not in compliance with the required form - He also indicated that the Crown had not proven that it had ordered transcripts of the trial proceedings as required by rule 6 - The Saskatchewan Court of Queen's Bench allowed the application - The Crown clearly had a bona fide intention to appeal before the time period expired - Although the notice of appeal was not in strict compliance with the Rules, Laventure was provided with the basis of the Crown's appeal - The Crown prosecutor's inadvertence should not be used to punish the Crown, particularly where no prejudice to Laventure had been identified.

Cases Noticed:

R. v. Morin (W.J.) (2005), 257 Sask.R. 307; 342 W.A.C. 307; 2005 SKCA 37, refd to. [para. 5].

R. v. Woods (L.) (2006), 285 Sask.R. 314; 378 W.A.C. 314; 2006 SKCA 123, refd to. [para. 6].

R. v. Dunsford (H.S.) (2012), 399 Sask.R. 165; 2012 SKCA 79, refd to. [para. 7].

R. v. Carter (N.G.) (2009), 324 Sask.R. 148; 451 W.A.C. 148; 2009 SKCA 41, dist. [para. 10].

R. v. Donaldson (D.) (2005), 273 Sask.R. 12; 2005 SKQB 479, refd to. [para. 16].

Coulthard v. Coulthard (1952), 5 W.W.R.(N.S.) 662 (Sask. C.A.), refd to. [para. 18].

Co-operative Trust Co. of Canada v. Maranda (2002), 213 Sask.R. 262; 260 W.A.C. 262; 2002 SKCA 10, refd to. [para. 20].

R. v. Wasylyniuk, [1981] 6 W.W.R. 673; 12 Sask.R. 442 (Dist. Ct.), refd to. [para. 25].

R. v. Fenrich, [1985] 6 W.W.R. 269; 42 Sask.R. 117 (Q.B.), refd to. [para. 25].

R. v. K.C. Irving et al., [1976] 2 S.C.R. 366; 12 N.R. 458; 15 N.B.R.(2d) 450; 18 A.P.R. 450, refd to. [para. 25].

R. v. Hammerling, [1980] 1 W.W.R. 572; 1 Man.R.(2d) 246 (C.A.), refd to. [para. 25].

R. v. Scheller et al. (No. 2) (1976), 32 C.C.C.(2d) 286 (Ont. C.A.), refd to. [para. 25].

R. v. Beahm (G.J.G.) (2012), 408 Sask.R. 285; 2012 SKQB 507, refd to. [para. 26].

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241, refd to. [para. 30].

Counsel:

Jennifer S. Schmidt, for the appellant;

Michael W. Owens, for the respondent.

This application was heard before Turcotte, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, who delivered the following fiat on April 22, 2013.