R. v. McLeod, (1983) 49 A.R. 321 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: September 26, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 49 A.R. 321 (NWTSC)

R. v. McLeod (1983), 49 A.R. 321 (NWTSC)

MLB headnote and full text

R. v. McLeod

(SC 2826)

Indexed As: R. v. McLeod

Northwest Territories Supreme Court

de Weerdt, J.

October 3, 1983.

Summary:

The accused was charged with the illegal sale of liquor. She was unable to attend at her trial due to weather conditions. The trial proceeded in her absence and she was convicted. The accused applied for leave to appeal by way of trial de novo under s. 755(4) of the Criminal Code.

The Northwest Territories Supreme Court granted the application subject to the receipt of affidavit evidence from the accused (see paragraphs 25 and 26).

Civil Rights - Topic 686

Liberty - Principles of fundamental justice, deprivation of, what constitutes - A woman was charged with the illegal sale of liquor - She was unable to attend at her trial due to weather conditions - The trial proceeded in her absence but in the presence of her lawyer who acted without instructions - The woman was convicted - The Northwest Territories Supreme Court held that the woman was deprived of her liberty without regard to the principles of fundamental justice contrary to the Canadian Charter of Rights and Freedoms (see paragraph 20).

Barristers and Solicitors - Topic 1128

Authority - Implied authority - The Northwest Territories Supreme Court stated that the implied authority of counsel to act for a client charged with an offence does not include acts which would deprive the client of her right to be present at her trial (see paragraph 21).

Criminal Law - Topic 7416

Summary conviction proceedings - Appeal by way of trial de novo, when available - Criminal Code, s. 755(4) - A woman was charged with the illegal sale of liquor - She was unable to attend at her trial due to weather conditions - The trial proceeded in her absence but in the presence of her lawyer who acted without instructions - The woman was convicted - The Northwest Supreme Court granted the woman an appeal by way of trial de novo because she was deprived of her liberty without adequate regard to the principles of fundamental justice contrary to the Canadian Charter of Rights and Freedoms.

Cases Noticed:

R. v. Drybones, [1970] S.C.R. 282; [1970] 3 C.C.C. 355; 10 C.R.N.S. 334; 71 W.W.R. 161; 9 D.L.R.(3d) 473, refd to. [para. 6].

R. v. Page, [1969] 1 C.C.C. 90; 64 W.W.R. 637, folld. [para. 22].

R. v. Giroux (1971), 15 C.R.N.S. 117 (Que. C.A.), affd. (1971), 16 C.R.N.S. 256 (S.C.C.), refd to. [para. 22].

Meunier v. The Queen (1965), 48 C.R. 14; [1966] Que. Q.B. 94n, affd. [1966] S.C.R. 399; 50 C.R. 75, refd to. [para. 22].

R. v. Grimba (1980), 56 C.C.C.(2d) 570; 30 O.R.(2d) 545 (C.A.), refd to. [para. 22].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 738(3) [para. 17]; sect. 755(4) [para. 2].

Interpretation Ordinance, R.O.N.W.T. 1974, c. I-3, sect. 28(1) [para. 3].

Canadian Charter of Rights and Freedoms 1982, sect. 7 [para. 7].

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 1(a), sect. 1(b), sect. 2(e) [para. 19].

Constitution Act 1982, sect. 52(1) [para. 20].

Counsel:

Peter C. Fuglsang, for the appellant;

M. David Gates, for the respondent.

This application was heard by de Weerdt, J., of the Northwest Territories Supreme Court at Yellowknife, N.W.T., on September 26, 1983. The judgment of de Weerdt, J., was delivered on October 3, 1983.