R. v. Primeau (D.J.), (1993) 108 Sask.R. 193 (QB)

• Judge: Geatros, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 30, 1993
• Jurisdiction: Saskatchewan
• Citations: (1993), 108 Sask.R. 193 (QB)

R. v. Primeau (D.J.) (1993), 108 Sask.R. 193 (QB)

MLB headnote and full text

Doren James Primeau (applicant) v. Her Majesty The Queen (respondent)

(1993 Q.B.C. No. 222)

Indexed As: R. v. Primeau (D.J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Geatros, J.

March 30, 1993.

Summary:

Primeau was charged with first degree murder. Lefort was charged in a separate information with the same offence. A pro­duction order was obtained for Primeau's appearance at Lefort's preliminary inquiry. Primeau applied under s. 24(1) of the Char­ter for an order that he would not be com­pelled to testify at the preliminary hearing and for prohibition to prevent the provincial court judge from requiring him to testify at the preliminary hearing.

The Saskatchewan Court of Queen's Bench granted the application.

Civil Rights - Topic 3160

Trials - Due process, fundamental justice and fair hearings - Right to remain silent - Primeau was charged with first degree murder - Lefort was charged in a separate information with the same offence - A production order was obtained for Primeau's appearance at Lefort's prelimi­nary inquiry - Primeau applied under s. 24(1) of the Charter for an order that he would not be compelled to testify at the preliminary hearing and for prohibition to prevent the provincial court judge from requiring him to testify - The Saskatchewan Court of Queen's Bench granted the application, holding that if Primeau were compelled to testify he would be deprived of his right to remain silent and that in the particular circum­stances it would not be in accordance with the prin­ciples of fundamental justice.

Criminal Law - Topic 136

Rights of accused - Right to silence - [See Civil Rights - Topic 3160 ].

Cases Noticed:

R. v. Devasagayam (1990), 61 C.C.C.(3d) 404 (Ont. Gen. Div.), refd to. [para. 4].

R. v. Crooks (1982), 2 C.C.C.(3d) 57; 39 O.R.(2d) 193; 2 C.R.R. 124; 143 D.L.R.(3d) 601 (H.C.), refd to. [para. 6].

R. v. Altseimer (1982) 1 C.C.C.(3d) 7; 38 O.R.(2d) 783; 142 D.L.R.(3d) 246 (C.A), refd to. [para. 6].

Reference Re Section 94(2) of the Motor Vehicle Act (B.C.), [1985] 2 S.C.R. 486; 63 N.R. 266; 48 C.R.(3d) 289; 23 C.C.C.(3d) 289; [1986] 1 W.W.R. 481, refd to. [para. 7].

Thomson Newspapers Ltd. v. Director of Investigation and Research Combines Investigation Act et al., [1990] 1 S.C.R. 425; 106 N.R. 161; 39 O.A.C. 161; 54 C.C.C.(3d) 417, refd to. [para. 7].

R. v. Hebert, [1990] 2 S.C.R. 151; 110 N.R. 1; [1990] 5 W.W.R. 1; 57 C.C.C.(3d) 1; 77 C.R.(3d) 145; 49 C.R.R. 114; 47 B.C.L.R.(2d) 1, refd to. [para. 7].

R. v. Chambers (No. 2), [1990] 2 S.C.R. 1293; 119 N.R. 321; 49 B.C.L.R.(2d) 299; 59 C.C.C.(3d) 321, refd to. [para. 7].

R. v. Zurlo (1990), 34 Q.A.C. 133; 57 C.C.C.(3d) 407 (C.A.), refd to. [para. 11].

Keable and Quebec (Attorney General) v. Canada (Attorney General) et al., [1978] 1 S.C.R. 218; 24 N.R. 1; 43 C.C.C.(2d) 49, refd to. [para. 11].

R. v. Woolley (1988), 25 O.A.C. 390; 40 C.C.C.(3d) 531 (C.A.), refd to. [para. 11].

R. v. Jobin (1991), 123 A.R. 220; 66 C.C.C.(3d) 281 (Q.B.), refd to. [para. 13].

R. v. Vermette, [1988] 1 S.C.R. 985; 84 N.R. 296; 14 Q.A.C. 161, refd to. [para. 14].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 11(c), sect. 13, sect. 24(1) [para. 3].

Authors and Works Noticed:

Ratushny, E., Role of the Accused in the Criminal Process, in Beaudoin, Canadian Charter of Rights and Freedoms (2nd Ed. 1989), p. 483 [para. 9].

Counsel:

Hugh M. Harradence, for the applicant;

Randolph G. Kirkham, for the Crown.

This case was heard before Geatros, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judgment on March 30, 1993.