R. v. Parisé (A.M.), (1995) 166 N.B.R.(2d) 202 (CA)

• Judge: Rice, Ayles and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 11, 1995
• Jurisdiction: New Brunswick
• Citations: (1995), 166 N.B.R.(2d) 202 (CA)

R. v. Parisé (A.M.) (1995), 166 N.B.R.(2d) 202 (CA);

    166 R.N.-B.(2e) 202; 425 A.P.R. 202

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty The Queen (appellant) v. Anne Marie Parisé (respondent)

(301/94/CA)

Indexed As: R. v. Parisé (A.M.)

New Brunswick Court of Appeal

Rice, Ayles and Ryan, JJ.A.

June 26, 1995.

Summary:

The accused was charged with defrauding the Province by receiving social assistance payments to which she was not entitled.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported 153 N.B.R.(2d) 72; 392 A.P.R. 72, acquitted the accused. The Crown appealed.

The New Brunswick Court of Appeal allowed the appeal and substituted a guilty verdict. The court remitted the matter to the trial judge for sentencing.

Criminal Law - Topic 2005

Fraudulent transactions - Fraud - Ele­ments of - The accused, a single mother of four, received social assistance while attending university - In breach of a con­dition of continuing eligibility, she did not inform the Department of changes in her resources that might affect eligibility, namely, that her boyfriend moved in with her and that she made $5,000 from the sale of some real property - She was charged with fraud of $16,667.42 (Criminal Code, s. 380(1)(a)) - The trial judge acquitted the accused - The New Brunswick Court of Appeal allowed the Crown's appeal respecting the property sale - The court stated that the sale defrauded the Depart­ment of a sum of money - Accordingly, the trial judge should have amended the indictment (i.e., to reduce the amount claimed for the fraud), found the accused guilty and sentenced her accordingly - See paragraphs 26 to 42.

Criminal Law - Topic 4723

Procedure - Information or indictment, charge or count - Indictable offences - Amendment - [See Criminal Law - Topic 2005 ].

Criminal Law - Topic 4723

Procedure - Information or indictment, charge or count - Indictable offences - Amendment - The New Brunswick Court of Appeal stated that s. 601(4) of the Criminal Code directed a trial judge "where he addresses the question of allow­ing an amendment to an indictment, to consider whether an accused would be misled or prejudiced by the amendment or generally whether the indictment can be amended without injustice being done." - See paragraph 13.

Social Assistance - Topic 2074

Offences - Particular offences - Receiving unentitled assistance - [See Criminal Law - Topic 2005 ].

Cases Noticed:

R. v. Théroux (R.), [1993] 2 S.C.R. 5; 151 N.R. 104; 54 Q.A.C. 184, refd to. [para. 4].

R. v. Zlatic (Z.), [1993] 2 S.C.R. 29; 151 N.R. 81; 54 Q.A.C. 161, refd to. [para. 4].

R. v. Olan, Hudson and Hartnett, [1978] 2 S.C.R. 1175; 21 N.R. 504, refd to. [para. 7].

R. v. Bonollo, [1980] 2 A. Crim. R. 431, refd to. [para. 7].

R. v. Knowles (1979), 51 C.C.C.(2d) 237 (Ont. C.A.), refd to. [para. 7].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 380(1)(a) [para. 1]; sect. 601(2) [para. 11]; sect. 601(4) [para. 13]; sect. 601(6) [para. 12]; sect. 686(4) [para. 15].

Social Welfare Act Regulations (N.B.), Reg. 82-227 [para. 3].

Counsel:

Luc J. LaBonte, for the appellant;

Anne Horsman, for the respondent.

This appeal was heard on April 11, 1995, before Rice, Ayles and Ryan, JJ.A., of the New Brunswick Court of Appeal. Rice, J.A., delivered the following judgment for the court on June 26, 1995.