R. v. Leroux (P.M.), 2013 SKQB 337

• Judge: Acton, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 16, 2013
• Jurisdiction: Saskatchewan
• Citations: 2013 SKQB 337;(2013), 456 Sask.R. 230 (QB)

R. v. Leroux (P.M.) (2013), 456 Sask.R. 230 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MY.038

Her Majesty the Queen v. Paul Mary Leroux

(2012 Q.B.J. No. 68; 2013 SKQB 337)

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

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Acton, J.

September 16, 2013.

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 accused applied for a stay of all charges, arguing that the delay in charging and prosecuting him resulted in a violation of his ss. 7 and 11(d) Charter rights.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2013), 456 Sask.R. 226, dismissed the application. The Crown applied for the admission of similar fact evidence, namely the transcript of evidence from an earlier trial of the accused in 1998.

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

Editor's Note: For another similar fact evidence application in this matter, see (2013), 432 Sask.R. 86 (Q.B.).

Criminal Law - Topic 5209

Evidence and witnesses - Admissibility and relevancy - Prejudicial evidence - [See Criminal Law - Topic 5213 ].

Criminal Law - Topic 5213

Evidence and witnesses - Admissibility and relevancy - Similar acts - When admissible - Leroux 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 - Leroux was a dorm supervisor, choirmaster and sports coach at the school during the relevant period - The Crown applied to admit as similar fact evidence the transcript of evidence from a trial of Leroux held in the Northwest Territories in 1998 - The Saskatchewan Court of Queen's Bench dismissed the application - The offences in the 1998 trial took place in a significantly different time period, in a different location, with older young men, and Leroux's position of authority was only as a hostel supervisor - To admit the transcript would "so overwhelm the jury that it would deflect its consideration from the evidence, credibility of complainants and other issues directly before it with both moral prejudice and reasoning prejudice against the accused" - The fact that the present trial included 14 complainants and 17 charges made it imperative that the jury stay focussed on the evidence relating to each separate count.

Criminal Law - Topic 5214

Evidence and witnesses - Admissibility and relevancy - Similar acts - Where indictment includes several counts - [See Criminal Law - Topic 5213 ].

Evidence - Topic 1251

Relevant facts - Relevance and materiality - Similar acts - General - [See Criminal Law - Topic 5213 ].

Cases Noticed:

R. v. Handy (J.), [2002] 2 S.C.R. 908; 290 N.R. 1; 160 O.A.C. 201; 2002 SCC 56, refd to. [para. 2].

R. v. L.W., [2000] N.W.T.J. No. 65; 2000 NWTSC 59; 2000 NWTSC 60, refd to. [para. 16].

R. v. Huot (C.) (1993), 66 O.A.C. 155; 16 O.R.(3d) 214 (C.A.) affd. [1994] 3 S.C.R. 827; 174 N.R. 311; 75 O.A.C. 322; 21 O.R.(3d) 224, refd to. [para. 17].

Counsel:

Michel L.J. Piché, for the Crown;

Paul Mary Leroux, on his own behalf.

This application was heard before Acton, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, who delivered the following judgment on September 16, 2013.