R. v. Lucas (J.D.) et al., (1995) 129 Sask.R. 141 (QB)

• Judge: Hrabinsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 14, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 129 Sask.R. 141 (QB)

R. v. Lucas (J.D.) (1995), 129 Sask.R. 141 (QB)

MLB headnote and full text

John David Lucas and Johanna Erna Lucas (respondents/accused) v. The Minister of Justice for the Province of Saskatchewan for Her Majesty The Queen and the Minister of Justice for the Dominion of Canada for Her Majesty The Queen (applicants)

(1994 Q.B. No. 7)

Indexed As: R. v. Lucas (J.D.) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Hrabinsky, J.

February 14, 1995.

Summary:

The Crown applied under s. 657 of the Criminal Code to file as evidence a tran­script of the testimony of the accused John Lucas given at his preliminary inquiry fol­lowing the judge's address to the accused pursuant to s. 541(1) of the Code.

The Saskatchewan Court of Queen's Bench denied the application. The court held that to allow the filing of the transcript of the ac­cused's evidence from the preliminary inquiry at this stage of the trial would vio­late s. 13 of the Charter. However, if the accused should testify in his defence and if the matter of credibility should arise, the matter could then be revisited.

Civil Rights - Topic 4428

Protection against self-incrimination - Proceedings to which protection applies - Criminal trial - Evidence from preliminary inquiry - [See Criminal Law - Topic 3587 ].

Criminal Law - Topic 3587

Preliminary inquiry - Evidence - Admis­sion at trial of evidence taken at a prelimi­nary inquiry - The Crown applied under s. 657 of the Criminal Code to file as evi­dence a transcript of the accused's testi­mony given at his preliminary inquiry following the judge's address to the accused under s. 541(1) of the Code - The Saskatchewan Court of Queen's Bench denied the application - The court held that to allow the filing of the transcript of the accused's evidence from the prelimi­nary inquiry at this stage of the trial would violate s. 13 of the Charter - However, if the accused should testify in his defence and if the matter of credibility should arise, the matter could then be revisited.

Cases Noticed:

R. v. Walebek (1913), 21 C.C.C. 130 (Sask. C.A.), consd. [para. 3].

R. v. Groulx (1953), 105 C.C.C. 380 (Ont. C.A.), refd to. [para. 4].

R. v. Yakeleya (1985), 9 O.A.C. 284; 20 C.C.C.(3d) 193 (C.A.), consd. [para. 7].

R. v. Dubois, [1985] 2 S.C.R. 350; 62 N.R. 50; 66 A.R. 202; [1986] 1 W.W.R. 193; 41 Alta. L.R.(2d) 97; 48 C.R.(3d) 193; 22 C.C.C.(3d) 513; 23 D.L.R.(4th) 503; 18 C.R.R. 1, consd. [para. 8].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(c), sect. 11(d) [para. 8]; sect. 13 [para. 6].

Constitution Act, 1982, sect. 52(1) [para. 9].

Criminal Code, R.S.C. 1985, c. C-46, sect. 541(1), sect. 657 [para. 5].

Counsel:

R. Donlevy, for the Crown;

R. Parker, for Johanna Erna Lucas;

John David Lucas on his own behalf.

This application was heard before Hrabin­sky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on February 14, 1995.