R. v. Litchfield (B.F.), (1995) 170 A.R. 325 (QB)

• Judge: Berger, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 28, 1995
• Citations: (1995), 170 A.R. 325 (QB)

R. v. Litchfield (B.F.) (1995), 170 A.R. 325 (QB)

MLB headnote and full text

Her Majesty The Queen (respondent) v. Bryant Floyd Litchfield (applicant)

(Action No. 8903-3506-C6)

Indexed As: R. v. Litchfield (B.F.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Berger, J.

April 28, 1995.

Summary:

An accused applied for an order quashing a 16 count indictment.

The Alberta Court of Queen's Bench allowed the application in part.

Note: For earlier decisions in this matter see (1991), 119 A.R. 317 (Q.B), affd. (1992), 120 A.R. 391; 8 W.A.C. 391 (C.A.), revd. [1993] 4 S.C.R. 333; 161 N.R. 161; 145 A.R. 321; 55 W.A.C. 321, and (1994), 163 A.R. 198 (Q.B.).

Criminal Law - Topic 4277

Procedure - Indictment - Quashing - In October of 1989, Litchfield was charged by Information with 13 counts of sexual assault - In December of 1989, the Attor­ney General preferred an indictment on 14 counts - The counts were severed and different trials were ordered on the basis of body parts - In April of 1991, the Crown proceeded with nine counts of "below the waist cases" - Litchfield obtained a directed verdict of not guilty on the nine counts - The Crown appealed - In May of 1991, the Attorney General filed two in­dictments dealing with the five severed counts - In January 1992, the Crown filed stays of proceedings with respect to the severed counts - In November of 1993, the Supreme Court of Canada held that the decision to divide and sever the counts on the basis of body parts was in error - The court set aside the acquittal on the nine counts and ordered a new trial - In 1994, a fresh 16 count indictment was preferred by the Attorney General - In January 1995, a stay of proceeding was directed by the Crown with respect to the December 1989 indictment - Litchfield applied to have the 16 count indictment quashed - The Alberta Court of Queen's Bench declined to quash the five severed and the two new counts; the motion to quash the nine tried counts was allowed.

Cases Noticed:

R. v. Askov, Hussey, Melo and Gugliotta, [1990] 2 S.C.R. 1199; 113 N.R. 241; 42 O.A.C. 81; 59 C.C.C.(3d) 449; 79 C.R.(3d) 273; 49 C.R.R. 1; 74 D.L.R.(4th) 355; 75 O.R.(2d) 673, refd to. [para. 3].

Whitehead v. Ferris, P.C.J., and Saskatchewan (Attorney General) (1989), 76 Sask.R. 78 (Q.B.), consd. [para. 10].

R. v. Whitehead - see Whitehead v. Ferris, P.C.J., and Saskatchewan (Attorney General).

Canada (Attorney General) v. Filmer, P.C.J., et al. (1992), 21 B.C.A.C. 141; 37 W.A.C. 141 (C.A.), consd. [para. 11].

R. v. Smith - see Canada (Attorney Gen­eral) v. Filmer, P.C.J., et al.

R. v. Beaudry, [1967] 1 C.C.C. 272 (B.C.C.A.), refd to. [para. 11].

R. v. Welch, [1950] S.C.R. 412, folld. [para. 16].

R. v. Arviv et al. (1985), 22 C.C.C.(3d) 567 (Ont. Dist. Ct.), consd. [para. 18].

R. v. Brown and Strassburger (1986), 47 Sask.R. 8; 26 C.C.C.(3d) 149 (Q.B.), consd. [para. 19].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, generally [para. 24].

Criminal Code, R.S.C. 1985, c. C-46, sect. 2 [para. 28]; sect. 574 [para. 26]; sect. 577 [para. 25]; sect. 579(1), sect. 579(2) [para. 6]; sect. 591(1) [para. 27].

Counsel:

R.B. White, Q.C., and K.H. Davidson, for the applicant;

A. Piragoff, Q.C., and G.L. Ozem, for the respondent.

This application was heard before Berger, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on April 28, 1995.