R. v. Lyons (R.), 2000 ABQB 615

• Judge: McBain, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 06, 2000
• Citations: 2000 ABQB 615;(2000), 276 A.R. 331 (QB)

R. v. Lyons (R.) (2000), 276 A.R. 331 (QB)

MLB headnote and full text

Temp. Cite: [2000] A.R. TBEd. SE.080

Her Majesty the Queen (respondent) v. Richard Lyons (appellant)

(9901-0407-s1; 2000 ABQB 615)

Indexed As: R. v. Lyons (R.)

Alberta Court of Queen's Bench

Judicial District of Calgary

McBain, J.

September 6, 2000.

Summary:

In a decision reported at [1999] A.R. Uned. 664, the accused Fish and Wildlife officer was convicted of two counts of assault after two separate incidents involving the same victim. Both instances arose after the accused officer had made routine stops of vehicles in which the victim was travelling. On neither occasion was the victim hunting. The accused appealed his convictions.

The Alberta Court of Queen's Bench, in a decision reported at 265 A.R. 20, dismissed all grounds of appeal except a request by the accused for a stay based on an alleged breach of his s. 7 Charter rights. The court invited further submissions on that issue.

The Alberta Court of Queen's Bench, upon reviewing supplementary written arguments, dismissed the stay application.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Criminal Law - Topic 255 ].

Criminal Law - Topic 253

General principles - Abuse of process - What constitutes - [See Criminal Law - Topic 255 ].

Criminal Law - Topic 255

General principles - Abuse of process - Power of court - Re prevention and remedies - A Fish and Wildlife officer twice assaulted the same victim - On both occasions the victim was issued a ticket by the officer - The victim met with the officer's supervisor and offered to refrain from pressing charges against the officer if the tickets were withdrawn - The tickets were not withdrawn - The officer was convicted of assault - He appealed his convictions, and applied for a stay on the basis of a violation of his s. 7 Charter rights - The Alberta Court of Queen's Bench dismissed the stay application - The court held that there was not "overwhelming evidence that the proceedings under scrutiny are unfair to the point that they are contrary to the interests of justice" as required by caselaw.

Cases Noticed:

R. v. Power (E.), [1994] 1 S.C.R. 601; 165 N.R. 241; 117 Nfld. & P.E.I.R. 269; 365 A.P.R. 269; 89 C.C.C.(3d) 1, refd to. [para. 14].

R. v. Finn (D.M.) (1996), 139 Nfld. & P.E.I.R. 97; 433 A.P.R. 97; 106 C.C.C.(3d) 43 (Nfld. C.A.), refd to. [para. 16].

R. v. Rudko (D.) (1999), 252 A.R. 142 (Q.B.), refd to. [para. 18].

R. v. Conway, [1989] 1 S.C.R. 1659; 96 N.R. 241; 34 O.A.C. 165; 49 C.C.C.(3d) 289, refd to. [para. 19].

R. v. Scott, [1990] 3 S.C.R. 979; 116 N.R. 361; 43 O.A.C. 277; 61 C.C.C.(3d) 300, refd to. [para. 20].

R. v. Inuvik Coastal Airways Ltd. and McKerral (1983), 51 A.R. 115 (N.W.T.S.C.), refd to. [para. 21].

R. v. O'Connor (H.P.), [1995] 4 S.C.R. 411; 191 N.R. 1; 68 B.C.A.C. 1; 112 W.A.C. 1; 103 C.C.C.(3d) 1, refd to. [para. 24].

R. v. Jewitt, [1985] 2 S.C.R. 128; 61 N.R. 159; 21 C.C.C.(3d) 7, refd to. [para. 25].

R. v. Conway, [1989] 1 S.C.R. 1659; 96 N.R. 241; 34 O.A.C. 165; 49 C.C.C.(3d) 289, refd to. [para. 25].

Authors and Works Noticed:

Wood, J., Paper 17.1, National Criminal Law Program, Substantive Criminal Law, pp. 19, 20, 21 [para. 17].

Counsel:

Christopher D. Evans, Q.C., for the appellant;

Jason Track, for the respondent.

This application was heard by McBain, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following decision on September 6, 2000.