R. v. Magalong (O.C.), 2013 BCCA 478
| Judge | Saunders, Chiasson and Willcock, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | October 28, 2013 |
| Jurisdiction | British Columbia |
| Citations | 2013 BCCA 478;(2013), 346 B.C.A.C. 82 (CA) |
R. v. Magalong (O.C.) (2013), 346 B.C.A.C. 82 (CA);
592 W.A.C. 82
MLB headnote and full text
Temp. Cite: [2013] B.C.A.C. TBEd. NO.022
Regina (respondent) v. Odilon Cayabyab Magalong (appellant)
(CA040329; 2013 BCCA 478)
Indexed As: R. v. Magalong (O.C.)
British Columbia Court of Appeal
Saunders, Chiasson and Willcock, JJ.A.
October 31, 2013.
Summary:
At his trial before a jury on charges that included sexual interference (s. 151 of the Criminal Code) and invitation to sexual touching (s. 152), the accused asserted that a statement that he had given to police was obtained in violation of his right to counsel under s. 10(b) of the Charter and sought exclusion of the statement under s. 24(2) of the Charter.
The British Columbia Supreme Court found that there had been a breach of s. 10(b) due to a delay in advising the accused of his right to counsel, but dismissed the application to exclude the statement. The jury found the accused guilty of two counts under s. 151 and two counts under s. 152. The accused appealed and sought leave to introduce fresh evidence on the appeal.
The British Columbia Court of Appeal dismissed the application for leave to introduce fresh evidence and dismissed the appeal.
Civil Rights - Topic 4604
Right to counsel - General - Denial of or interference with - What constitutes - See paragraphs 22 to 33.
Civil Rights - Topic 4608.1
Right to counsel - Right to counsel - General - Advice re - Understanding of - See paragraphs 22 to 33.
Civil Rights - Topic 4609
Right to counsel - General - Duty to notify accused of or explain right to counsel - See paragraphs 22 to 33.
Civil Rights - Topic 4609.1
Right to counsel - Duty of police investigators - See paragraphs 22 to 33.
Civil Rights - Topic 8368
Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - See paragraphs 34 to 43.
Cases Noticed:
R. v. Grant (D.), [2009] 2 S.C.R. 353; 391 N.R. 1; 253 O.A.C. 124; 2009 SCC 32, refd to. [para. 6].
R. v. Bartle (K.), [1994] 3 S.C.R. 173; 172 N.R. 1; 74 O.A.C. 161, refd to. [para. 25].
R. v. Willier (S.J.) (2010), 406 N.R. 218; 490 A.R. 1; 497 W.A.C. 1; 2010 SCC 37, refd to. [para. 27].
R. v. K.W.J. (2012), 524 A.R. 75; 545 W.A.C. 75; 2012 NWTCA 3, refd to. [para. 27].
Counsel:
N.J. Hartney, for the appellant;
W.J.S. Bell, for the respondent.
This application and appeal were heard at Vancouver, B.C., on October 28, 2013, by Saunders, Chiasson and Willcock, JJ.A., of the British Columbia Court of Appeal. On October 31, 2013, Saunders, J.A., delivered the following oral reasons for judgment for the court.
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R. v. Storry, 2018 BCCA 483
...in a witness’s evidence, to impeach a witness’s credibility and to fulfill the truth-seeking function of a trial: R. v. Magalong, 2013 BCCA 478 at para. 38; R. v. Keror, 2017 ABCA 273 at para. 37; R. v. C.J.L., 2004 MBCA 126 at paras. 29–30; and R. v. A.M., 2014 ONCA 769 at para. 12. In sho......
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R. v. Hunt,
...RTC at the hospital. I would think that in most cases this issue wouldn’t arise but this record was unusual. See also R. v. Magalong, 2013 BCCA 478. [69] Having found a violation though, this misstep was of absolutely no consequence in this case. For starters, there is no evidence that Mr. ......
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R. v. Charbonneau (S.) et al., (2014) 358 Nfld. & P.E.I.R. 90 (NLTD(G))
...R. v. Bartle (K.), [1994] 3 S.C.R. 173; 172 N.R. 1; 74 O.A.C. 161; 92 C.C.C.(3d) 289, refd to. [para. 90]. R. v. Magalong (O.C.) (2013), 346 B.C.A.C. 82; 592 W.A.C. 82; 2013 BCCA 478, refd to. [para. 92]. R. v. Vanstaceghem (1987), 21 O.A.C. 210 (C.A.), refd to. [para. 92, footnote 6]. R. v......
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Magalong v. Canada (Minister of Citizenship and Immigration), (2014) 465 F.T.R. 200 (FC)
...parents and, on December 19, 2009, the applicant was confronted by these parents on complainant's allegations ( R v Magalong , 2013 BCCA 478 at para 11 [ Magalong ]). [8] On or about January 2, 2010, theses incidents were reported by the applicant's pastor to the Royal Canadian Mounted Poli......
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R. v. Storry, 2018 BCCA 483
...in a witness’s evidence, to impeach a witness’s credibility and to fulfill the truth-seeking function of a trial: R. v. Magalong, 2013 BCCA 478 at para. 38; R. v. Keror, 2017 ABCA 273 at para. 37; R. v. C.J.L., 2004 MBCA 126 at paras. 29–30; and R. v. A.M., 2014 ONCA 769 at para. 12. In sho......
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R. v. Charbonneau (S.) et al., (2014) 358 Nfld. & P.E.I.R. 90 (NLTD(G))
...R. v. Bartle (K.), [1994] 3 S.C.R. 173; 172 N.R. 1; 74 O.A.C. 161; 92 C.C.C.(3d) 289, refd to. [para. 90]. R. v. Magalong (O.C.) (2013), 346 B.C.A.C. 82; 592 W.A.C. 82; 2013 BCCA 478, refd to. [para. 92]. R. v. Vanstaceghem (1987), 21 O.A.C. 210 (C.A.), refd to. [para. 92, footnote 6]. R. v......
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R. v. Hunt,
...RTC at the hospital. I would think that in most cases this issue wouldn’t arise but this record was unusual. See also R. v. Magalong, 2013 BCCA 478. [69] Having found a violation though, this misstep was of absolutely no consequence in this case. For starters, there is no evidence that Mr. ......
-
Magalong v. Canada (Minister of Citizenship and Immigration), (2014) 465 F.T.R. 200 (FC)
...parents and, on December 19, 2009, the applicant was confronted by these parents on complainant's allegations ( R v Magalong , 2013 BCCA 478 at para 11 [ Magalong ]). [8] On or about January 2, 2010, theses incidents were reported by the applicant's pastor to the Royal Canadian Mounted Poli......