R. v. Lawrence (R.C.), (1992) 132 A.R. 194 (QB)

• Judge: Cooke, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 13, 1992
• Citations: (1992), 132 A.R. 194 (QB)

R. v. Lawrence (R.C.) (1992), 132 A.R. 194 (QB)

MLB headnote and full text

Randall Clifford Lawrence v. Her Majesty The Queen

(Action No. 9103-0509S5)

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

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cooke, J.

July 14, 1992.

Summary:

The accused was charged with causing a disturbance in a public place and resisting arrest. The trial judge found the accused not guilty of the charge of causing a disturbance but guilty of resisting arrest. The accused appealed the conviction and the sentence, requesting a conditional or absolute dis­charge.

The Alberta Court of Queen's Bench dis­missed the appeal against conviction but allowed the appeal against sentence, granted a conditional discharge and imposed 18 months' probation.

Civil Rights - Topic 1863

Freedom of speech or expression - Denial of - What constitutes - The accused was charged with causing a disturbance in a public place and resisting arrest after he swore at a public meeting - The accused argued that s. 31(1) of the Criminal Code which granted peace officers the power to arrest a person who was committing a breach of the peace, infringed the right to freedom of expression under s. 2(b) of the Charter, at least where it applied to an expression of dissent at a public political gathering - The Alberta Court of Queen's Bench held that s. 31(1) did not violate s. 2(b) of the Charter, where neither the object nor effect of the section was to limit freedom of expression.

Civil Rights - Topic 1863

Freedom of speech or expression - Denial of - What constitutes - The accused was charged with causing a disturbance in a public place and resisting arrest after he swore at a public meeting - The accused argued that s. 31(1) of the Police Act which granted power to peace officers to arrest for a breach of the peace, infringed the right to freedom of expression under s. 2(b) of the Charter, at least where it applied to an expression of dissent at a public gathering of a political nature - The Alberta Court of Queen's Bench held that s. 31(1) did not violate s. 2(b) of the Charter, where neither the object nor effect of s. 31(1) was to limit freedom of expres­sion.

Civil Rights - Topic 1863

Freedom of speech or expression - Denial of - What constitutes - [See Criminal Law - Topic 751 ].

Criminal Law - Topic 434

Disobedience and obstruction - Obstruc­tion and resistance of peace officer in execution of his duty - [See Criminal Law - Topic 751 ].

Criminal Law - Topic 751

Disorderly conduct - Causing a public disturbance - The accused was charged with causing a disturbance in a public place by swearing contrary to s. 175(1)(a)(i) of the Criminal Code and also with resisting arrest - The accused argued that s. 175(1)(a)(i) infringed the right to freedom of expression under s. 2(b) of the Charter and that a charge of resisting arrest could not be founded on an invalid crim­inal law - The Alberta Court of Queen's Bench held that s. 175(1)(a)(i) did not infringe s. 2(b) - The court held that the purpose of s. 175(1)(a)(i) was not to limit freedom of expression and that the accused failed to establish that the section had the effect of limiting his freedom of expres­sion.

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a police officer - The 45 year old accused was charged with causing a disturbance in a public place and resisting arrest after he swore at a public meeting called to announce the approval of a pulp mill - The trial judge found the accused not guilty of the charge of causing a dis­turb­ance but guilty of resisting arrest - The accused appealed the sentence imposed and requested a condi­tional or absolute dis­charge, arguing that his con­duct was sim­ply that of an environ­mental activist - The Alberta Court of Queen's Bench allowed the appeal, granted a conditional dis­charge and imposed 18 months' probation.

Cases Noticed:

R. v. Houle (1985), 66 A.R. 156; 24 C.C.C.(3d) 57 (C.A.), refd to. [para. 6].

R. v. Potvin (1973), 15 C.C.C.(2d) 85 (Que. C.A.), refd to. [para. 6].

R. v. Stevens (1976), 18 N.S.R.(2d) 96; 20 A.P.R. 96; 33 C.C.C.(2d) 249 (C.A.), refd to. [para. 6].

R. v. Biron, [1975] 2 S.C.R. 56; 4 N.R. 45; 23 C.C.C.(2d) 513, refd to. [para. 6].

Irwin Toy Ltd. v. Québec (Procureur général), [1989] 1 S.C.R. 927; 94 N.R. 167; 24 Q.A.C. 2; 58 D.L.R.(4th) 577, appld. [para. 11].

R. v. Keegstra, [1990] 3 S.C.R. 697; 117 N.R. 1; 114 A.R. 81; 61 C.C.C.(3d) 1, appld. [para. 11].

Cohen v. California, 403 U.S. 215, refd to. [para. 15].

Dolphin Delivery Ltd. v. Retail, Wholesale and Department Store Union, Local 580, Peterson and Alexander, [1986] 2 S.C.R. 573; 71 N.R. 83; 33 D.L.R.(4th) 174; 38 C.C.L.T. 184; 25 C.R.R. 321; [1987] 1 W.W.R. 577; 87 C.L.L.C. 14,002, refd to. [para. 16].

R. v. Lohnes (1992), 132 N.R. 297; 109 N.S.R.(2d) 145; 297 A.P.R. 145 (S.C.C.), folld. [para. 18].

R. v. MacFarlane (1976), 55 A.R. 222; 3 Alta. L.R.(2d) 341 (C.A.), refd to. [para. 36].

R. v. Sanchez-Pino (1973), 11 C.C.C.(2d) 53 (C.A.), refd to. [para. 36].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 2(b) [para. 10].

Criminal Code, R.S.C. 1985, c. C-46, sect. 31(1) [para. 1]; sect. 175(1) [para. 9].

Police Act, R.S.A. 1980, c. P-12, sect. 31(1) [para. 4].

Counsel:

Simon Renouf, for the appellant;

Bruce Hartridge, for the respondent.

This appeal was heard before Cooke, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton. The following judg­ment was delivered by Cooke, J., on July 13, 1992, and was filed on July 14, 1992.