R. v. Lemoine, (1992) 113 N.S.R.(2d) 361 (ProvCt)

JudgeBatiot, P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateJanuary 23, 1992
JurisdictionNova Scotia
Citations(1992), 113 N.S.R.(2d) 361 (ProvCt)

R. v. Lemoine (1992), 113 N.S.R.(2d) 361 (ProvCt);

  309 A.P.R. 361

MLB headnote and full text

R. v. Jose Yvon Lemoine

Indexed As: R. v. Lemoine

Nova Scotia Provincial Court

Batiot, P.C.J.

March 25, 1992.

Summary:

The accused was charged with assaulting the police officers who arrested him for being drunk and disorderly at a rock concert. Spitting on the officers constituted the alleged assault.

The Nova Scotia Provincial Court acquitted the accused, where there were insufficient grounds for arresting him with­out warrant in the first place and his right to be informed of the reason for his arrest and of his right to counsel were thereafter denied.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - Arbitrary detention - What constitutes - Police officers summarily arrested the accused in the crowd at a rock concert for being drunk and disorderly - The accused spat on the officers and was charged with assaulting them - The Nova Scotia Pro­vincial Court acquitted the accused, where there were insufficient grounds under s. 495(2) of the Criminal Code to arrest him without warrant and his spitting was not excessive force in resisting unlawful arrest - See paragraphs 1 to 23.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - The accused was unlawfully arrested at a rock concert and delivered to another officer to be taken downtown - The accused objected to his treatment and spit on the officer to whom he was delivered, who did not inform him of the reason for his arrest or of his right to counsel - He was charged with assaulting the officer by spitting on him - The Nova Scotia Provincial Court acquitted the accused after excluding evidence of the accused's conduct because of the breach of his Charter rights - The court stated, however, that the accused could be con­victed of assaulting the officer even though his initial arrest by other officers was unlawful - See paragraphs 24 to 30.

Criminal Law - Topic 204

General principles - Defences - Common law - Self-defence - [See Civil Rights - Topic 3603 ].

Criminal Law - Topic 434

Offences against the administration of law and justice - Disobedience and obstruction - Obstruction and resistance of a police officer - In execution of his duty - [See Civil Rights - Topic 8368 ].

Police - Topic 3063

Powers - Arrest without warrant - Rea­sonable and probable grounds - [See Civil Rights - Topic 3603 ].

Cases Noticed:

R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161; 75 C.R.(3d) 1; 53 C.C.C.(3d) 316, appld. [para. 14].

R. v. Biron, [1976] 2 S.C.R. 56; 4 N.R. 45; 30 C.R.N.S. 109; 23 C.C.C.(2d) 513; 59 D.L.R.(3d) 409, appld. [para. 15].

R. v. Foster (1992), 109 N.S.R.(2d) 57; 297 A.P.R. 57 (C.A.), dist. [para. 17].

R. v. Guy (1923), 40 C.C.C. 10 (Sask. C.A.), consd. [para. 28].

Dumbell v. Roberts, [1944] 1 All E.R. 326 (C.A.), consd. [para. 28].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 9, sect. 10(a), sect. 10(b).

Criminal Code, R.S.C. 1985, c. C-46, sect. 30 [para. 28]; sect. 31(2) [para. 27]; sect. 270(1)(a) [para. 1]; sect. 495(1) [para. 14]; sect. 495(2) [para. 18].

Liquor Control Act, R.S.N.S. 1989, c. 260, sect. 87 [para. 13].

Counsel:

J. Christopher Nicholson, for the Crown;

Terrence Cooper, for the accused.

This case was heard on January 23, 1992, at Halifax, N.S., before Batiot, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on March 25, 1992:

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1 practice notes
  • R. v. Lofstrom (J.E.), 2014 SKPC 91
    • Canada
    • Saskatchewan Provincial Court of Saskatchewan (Canada)
    • 30 Abril 2014
    ...[para. 24]. R. v. Bath (R.A.) (1998), 164 Nfld. & P.E.I.R. 275; 507 A.P.R. 275 (Nfld. T.D.), refd to. [para. 24]. R. v. Lemoine (1992), 113 N.S.R.(2d) 361; 309 A.P.R. 361 (Prov. Ct.), refd to. [para. 24]. R. v. Anderson (R.T.) (2012), 391 Sask.R. 294; 2012 SKPC 44, dist. [para. 24]. R. ......
1 cases
  • R. v. Lofstrom (J.E.), 2014 SKPC 91
    • Canada
    • Saskatchewan Provincial Court of Saskatchewan (Canada)
    • 30 Abril 2014
    ...[para. 24]. R. v. Bath (R.A.) (1998), 164 Nfld. & P.E.I.R. 275; 507 A.P.R. 275 (Nfld. T.D.), refd to. [para. 24]. R. v. Lemoine (1992), 113 N.S.R.(2d) 361; 309 A.P.R. 361 (Prov. Ct.), refd to. [para. 24]. R. v. Anderson (R.T.) (2012), 391 Sask.R. 294; 2012 SKPC 44, dist. [para. 24]. R. ......

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