R. v. Leroux (P.M.), (2014) 438 Sask.R. 162 (CA)

• Judge: Jackson, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: May 07, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 438 Sask.R. 162 (CA);2014 SKCA 60

R. v. Leroux (P.M.) (2014), 438 Sask.R. 162 (CA);

    608 W.A.C. 162

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MY.052

Her Majesty the Queen (applicant) v. Paul Mary Leroux (respondent)

(CACR2374)

Paul Mary Leroux (applicant) v. Her Majesty the Queen (respondent)

(CACR2379; 2014 SKCA 60)

Indexed As: R. v. Leroux (P.M.)

Saskatchewan Court of Appeal

Jackson, J.A.

May 14, 2014.

Summary:

The accused was charged with 14 counts of indecent assault and three counts of gross indecency against 14 individuals, all of whom were boys who attended a residential school between 1959 and 1967. The accused was a dorm supervisor, choirmaster and sports coach at the school during the relevant period. The Crown applied for the admission of similar fact evidence.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2013), 432 Sask.R. 86, allowed the similar fact evidence in each of the complaints with the other as circumstantial evidence that the court, as gatekeeper, might take into consideration, allowing as much or as little weight to it as the court considered appropriate. The accused was convicted of eight counts of indecent assault and two counts of gross indecency.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2013), 432 Sask.R. 106, sentenced the accused to three years' imprisonment. The accused appealed his conviction and the Crown appealed the sentence. The accused applied for judicial interim release pending the hearing of the appeals (Criminal Code, s. 679(3)) and for the appointment of counsel (s. 684(1)).

The Saskatchewan Court of Appeal, per Jackson, J.A., dismissed the applications.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary in the public interest - Leroux was convicted of eight counts of indecent assault and two counts of gross indecency - His victims were eight boys who attended a residential school between 1959 and 1967 where Leroux was a dorm supervisor, choirmaster and sports coach - He appealed, arguing that (1) the passage of time since the offences prevented him from being fairly tried, and the trial judge erred by failing to find a breach of Leroux's ss. 7 and 11(d) Charter rights; (2) the Crown's decision to charge him with 17 offences in one indictment meant that he should have had three or four separate trials before different triers of fact; (3) the verdict was unreasonable; and (4) the trial judge erred by allowing the Crown's application permitting the use of similar fact evidence to bolster the credibility of the individual complainants - Leroux applied for judicial interim release pending the hearing of the appeal - The Saskatchewan Court of Appeal, per Jackson, J.A., dismissed the application - Although Leroux was now 74 years old and unlikely to reoffend, it was not in the public interest to release him, primarily because of his criminal record - In 1998, Leroux was sentenced to 10 years' imprisonment for a number of similar offences that took place at a different residential school between 1967 and 1979 - Leroux's grounds of appeal were not strong enough to overcome the court's concern that the administration of justice would be brought into disrepute if Leroux was released - See paragraphs 10 to 20.

Criminal Law - Topic 3310

Compelling appearance - Detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - [See Criminal Law - Topic 3304 ].

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - Leroux was sentenced to three years' imprisonment for eight counts of indecent assault and two counts of gross indecency - His victims were eight boys who attended a residential school between 1959 and 1967 where Leroux was a dorm supervisor, choirmaster and sports coach - The Crown appealed the sentence and Leroux appealed the convictions - He argued that (1) the passage of time since the offences prevented him from being fairly tried, and the trial judge erred by failing to find a breach of Leroux's ss. 7 and 11(d) Charter rights; (2) the Crown's decision to charge him with 17 offences in one indictment meant that he should have had three or four separate trials before different triers of fact; (3) the verdict was unreasonable; and (4) the trial judge erred by allowing the Crown's application permitting the use of similar fact evidence to bolster the credibility of the individual complainants - Leroux applied for the appointment of counsel - The Saskatchewan Court of Appeal, per Jackson, J.A., dismissed the application - Leroux's grounds of appeal were arguable, but he had represented himself throughout the trial and was able to represent himself on appeal - He was fully cognizant of the issues and expressed himself very well - He also had "sufficient means" to pay for legal representation - It was not in the interests of justice for the court to appoint counsel - See paragraphs 21 to 33.

Cases Noticed:

R. v. Demyen (1975), 26 C.C.C.(2d) 324 (Sask. C.A.), refd to. [para. 11].

R. v. Latimer (R.W.) (1994), 128 Sask.R. 63; 85 W.A.C. 63 (C.A.), refd to. [para. 11].

R. v. Galloway (R.) (2004), 249 Sask.R. 121; 325 W.A.C. 121; 184 C.C.C.(3d) 355; 2004 SKCA 53, refd to. [para. 11].

R. v. Agecoutay (L.H.) et al. (2008), 310 Sask.R. 224; 423 W.A.C. 224; 2008 SKCA 68, refd to. [para. 11].

R. v. Toy (K.O.) (2009), 331 Sask.R. 1; 460 W.A.C. 1; 2009 SKCA 32, refd to. [para. 11].

R. v. D.H.S. (2009), 337 Sask.R. 92; 464 W.A.C. 92; 2009 SKCA 84, refd to. [para. 11].

R. v. Farinacci (L.W.) et al. (1993), 67 O.A.C. 197; 109 D.L.R.(4th) 97 (C.A.), refd to. [para. 13].

R. v. K.K. (1997), 85 B.C.A.C. 294; 138 W.A.C. 294; 113 C.C.C.(3d) 52 (C.A.), refd to. [para. 14].

R. v. Tcho (M.D.), [2011] Sask.R. Uned. 148; 2011 SKCA 113, refd to. [para. 14].

R. v. O'Connor (H.P.) (1997), 89 B.C.A.C. 15; 145 W.A.C. 15 (C.A.), refd to. [para. 15].

R. v. H.B., [2014] O.A.C. Uned. 295; 2014 ONCA 334, refd to. [para. 16].

R. v. A.G.W. (1994), 121 Nfld. & P.E.I.R. 319; 377 A.P.R. 319 (P.E.I.C.A.), affd. (1995), 132 Nfld. & P.E.I.R. 78; 410 A.P.R. 78 (P.E.I.C.A.), refd to. [para. 16].

R. v. Leroux, [1998] N.W.T.J. No. 138 (S.C.), refd to. [para. 18].

R. v. Leroux, [1998] N.W.T.J. No. 141 (S.C.), refd to. [para. 18].

R. v. Wilson (P.A.) (2001), 198 N.S.R.(2d) 152; 621 A.P.R. 152; 2001 NSCA 156, refd to. [para. 25].

R. v. Bernardo (P.K.) (1997), 105 O.A.C. 244; 121 C.C.C.(3d) 123 (C.A.), refd to. [para. 29].

R. v. Chan (C.W.), [2001] B.C.A.C. Uned. 24; 2001 BCCA 138, refd to. [para. 29].

R. v. Ermine (R.H.) (2010), 359 Sask.R. 48; 494 W.A.C. 48; 2010 SKCA 73, refd to. [para. 29].

R. v. Butler (M.H.) (2006), 231 B.C.A.C. 303; 381 W.A.C. 303; 2006 BCCA 476, refd to. [para. 30].

R. v. Madrusan (D.P.), [2004] B.C.A.C. Uned. 87; 2004 BCCA 194, refd to. [para. 30].

R. v. Pendergast (C.J.) (2003), 233 Nfld. & P.E.I.R. 13; 693 A.P.R. 13; 2003 NLCA 66, refd to. [para. 30].

R. v. Moghaddam (A.M.) (2003), 188 B.C.A.C. 74; 308 W.A.C. 74; 2003 BCCA 552, refd to. [para. 30].

R. v. Assoun (G.E.) (2002), 208 N.S.R.(2d) 340; 652 A.P.R. 340; 2002 NSCA 119, refd to. [para. 30].

R. v. Mattice (B.M.), [2001] B.C.A.C. Uned. 170; 2001 BCCA 616, refd to. [para. 30].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 684(1) [para. 21].

Authors and Works Noticed:

Ewaschuk, Eugene G., Criminal Pleadings & Practice in Canada (2nd Ed. 2014) (Looseleaf), vol. 3, s. 23:3035 [para. 29].

Trotter, Gary T., The Law of Bail in Canada (3rd Ed. 2010) (Looseleaf), pp. 10-19 to 10-31 [para. 11].

Counsel:

Marcel Simonot, for the appellant (release only), by conference call;

Dean Sinclair, for the respondent (release only), by conference call;

Paul Leroux, for himself (court appointment only), by conference call;

Lorna Hargreaves, for Court Services (court appointment only), by conference call.

These applications were heard in Chambers on May 7, 2014, before Jackson, J.A., of the Saskatchewan Court of Appeal, who delivered the following judgment on May 14, 2014.