R. v. Lonechild (B.B.), (2007) 300 Sask.R. 261 (QB)

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 26, 2007
• Jurisdiction: Saskatchewan
• Citations: (2007), 300 Sask.R. 261 (QB);2007 SKQB 224

R. v. Lonechild (B.B.) (2007), 300 Sask.R. 261 (QB)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. AU.052

Her Majesty the Queen v. Bailey Bradley Lonechild

(2006 Q.B.J. No. 14; 2007 SKQB 224)

Indexed As: R. v. Lonechild (B.B.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gabrielson, J.

June 26, 2007.

Summary:

Lonechild was charged with second degree murder. He applied for a change of venue from Saskatoon due to pretrial publicity regarding the offence.

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

Criminal Law - Topic 4616

Procedure - Trials - Venue or place - Change of - Grounds - General - Lonechild was charged with second degree murder - He applied for a change of venue from Saskatoon due to pretrial publicity regarding the offence and regarding knives and related acts of violence in Saskatoon, the establishment of an organization calling for "justice" for the victim and the existence of several memorials to the victim - The Saskatchewan Court of Queen's Bench dismissed the application - The case had generated significant pretrial publicity, but the media reports were over a year old and there was no evidence that they had created a frightened or enraged community - While media reports regarding knives had been released close to the offence and some referenced the offence, this would not prejudice a jury against Lonechild - Further, the existence of the justice organization and memorials did not establish prejudice - Even considering the combined effect of these factors, nothing established a general prejudicial attitude in Saskatoon that would justify a change in venue.

Cases Noticed:

R. v. Charest (1990), 28 Q.A.C. 258; 57 C.C.C.(3d) 312 (C.A.), refd to. [para. 7].

R. v. Martin, [1964] 2 C.C.C. 391 (Sask. Q.B.), refd to. [para. 7].

R. v. Munson (K.) et al. (2001), 212 Sask.R. 29 (Q.B.), affd. (2003), 232 Sask.R. 44; 294 W.A.C. 44; 172 C.C.C.(3d) 515; 2003 SKCA 28, refd to. [para. 9].

R. v. Trotchie (1984), 31 Sask.R. 250 (Q.B.), refd to. [para. 9].

R. v. Fischer (G.) (1994), 119 Sask.R. 307 (Q.B.), refd to. [para. 9].

R. v. Baker (1997), 153 Sask.R. 192 (Q.B.), refd to. [para. 9].

Thatcher v. Saskatchewan (Attorney General), [1999] Sask.R. Uned. 301; 141 C.C.C.(3d) 33; 1999 SKQB 231, refd to. [para. 9].

R. v. Horse (J.) (2000), 201 Sask.R. 309; 2000 SKQB 548, refd to. [para. 9].

R. v. Leibel (R.J.) (2000), 210 Sask.R. 131; 2000 SKQB 594, refd to. [para. 9].

R. v. Musqua (C.G.) (2003), 234 Sask.R. 111; 2003 SKQB 207, refd to. [para. 9].

Thatcher v. Saskatchewan (Attorney General) (2003), 235 Sask.R. 78; 2003 SKQB 218, refd to. [para. 9].

R. v. Find (K.), [2001] 1 S.C.R. 863; 269 N.R. 149; 146 O.A.C. 236; 154 C.C.C.(3d) 97; 2001 SCC 32, refd to. [para. 22].

Counsel:

Paul Goldstein, for the Crown;

William H. Roe, Q.C., for the accused.

This application was heard by Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following fiat on June 26, 2007.