R. v. R.C., (1996) 190 A.R. 161 (ProvCt)

• Judge: Brownlee, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 18, 1996
• Citations: (1996), 190 A.R. 161 (ProvCt)

R. v. R.C. (1996), 190 A.R. 161 (ProvCt)

MLB headnote and full text

R. v. R.C., a young person within the meaning of the Young Offenders Act

(File No. 60244019Y10101)

Indexed As: R. v. R.C.

Alberta Provincial Court

Youth Division

Brownlee, P.C.J.

October 18, 1996.

Summary:

The 16 year old young offender was charged with attempted murder, break and enter, possession of a firearm and unlawful use of a firearm. The youth applied under s. 16 of the Young Offenders Act to have the attempted murder charge transferred to youth court. The Crown applied to have the other charges transferred to adult court. The youth claimed that certain subsections under s. 16 were contrary to ss. 7, 11(c), 11(d) and 15 of the Charter.

The Alberta Provincial Court held that the impugned subsections did not violate the Charter. The court ordered that all the charges be tried in adult court.

Civil Rights - Topic 3126.1

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Onus - Section 16(1.01) of the Young Offenders Act provided that a youth charged with certain indictable offences was to be tried in adult court unless, upon the application of the youth or the Crown, the court ordered that the matter be tried in youth court - Sec­tion 16(1.11) placed the onus on the per­son who made the application - A young offender claimed that the provisions cre­ated a "reverse onus" and violated s. 7 of the Charter - The Alberta Provincial Court held that s. 16(1.11) was only a procedural burden and did not alter "the accepted principle that in a criminal trial, the onus rests upon the Crown to establish a prima facie case and that the overall burden of proof is always on the Crown" - See paragraphs 21 to 27.

Civil Rights - Topic 4302

Protection against self-incrimination - Right to remain silent - Section 16(1.01) of the Young Offenders Act provided that a youth charged with certain indictable offences was to be tried in adult court unless the court ordered otherwise - A young offender claimed that the section violated the right to silence and not to be compelled to be a witness against himself (Charter, s. 11(c)) - Section 16(12) of the Young Offenders Act provided that no statement made by a youth under s. 16 was admissible in evidence against the youth in any similar criminal proceeding held sub­sequent to the hearing - The Alberta Pro­vincial Court held that s. 16(12) "would be read to include not only a statement of a young person but also a statement on behalf of a young person." - The court dismissed the s. 11(c) argument - See paragraphs 14 to 15.

Civil Rights - Topic 4909

Presumption of innocence - General prin­ciples - Circumstances not infringing presumption - Section 16(1.01) of the Young Offenders Act provided that a youth charged with certain indictable offences was to be tried in adult court unless the court ordered otherwise - A young offender claimed that the section violated the right to be presumed innocent guaranteed by s. 11(d) of the Charter - The Alberta Provincial Court dismissed the s. 11(d) argument - See paragraphs 16 to 17.

Civil Rights - Topic 4959

Presumption of innocence - Evidence and proof - Young offender transfer hearings -[See Civil Rights - Topic 4909 ].

Civil Rights - Topic 5643

Equality and protection of the law - Par­ticular cases - Young offenders - Section 16(1.01) of the Young Offenders Act provided that a 16 or 17 year old youth charged with certain indictable offences was to be tried in adult court unless the court ordered otherwise - A young offender claimed that the section violated s. 15 of the Charter - The Alberta Provin­cial Court held that s. 16 distinguished between 16 and 17 year old youths charged with certain serious offences and all other youths charged - The court held that s. 16(1.01) did not violate s. 15 of the Charter - The provision was not manda­tory because the youth (or the Crown) could apply to transfer the matter to youth court - See paragraph 18.

Civil Rights - Topic 8363

Canadian Charter of Rights and Freedoms - Denial of rights - Jurisdiction - Court of competent jurisdiction - The Alberta Provincial Court held that a youth court presiding over a transfer hearing had juris­diction to hear a Charter challenge - See paragraphs 6 to 10.

Civil Rights - Topic 8587.1

Canadian Charter of Rights and Freedoms - Practice - Notice - A young offender challenged the constitutionality of parts of s. 16 of the Young Offenders Act - He sent a letter to the Attorney General and then sent a supplementary letter outlining the specifics of his challenge - The Crown claimed that the notice was defective because 1) the youth had not specified what subsections of s. 16 were being chal­lenged, 2) the notice did not provide legal authorities relied upon, and 3) the youth did not give notice to the court - The Alberta Provincial Court held that although the notice was imperfect, the supplemen­tary letter cured the imperfection - The court accepted the youth's notice - See paragraphs 4 to 5.

Criminal Law - Topic 8704

Young offenders - Jurisdiction - Courts - [See Civil Rights - Topic 8363 ].

Criminal Law - Topic 8781

Young offenders - Transfer into or out of youth court - [See Civil Rights - Topic 3126.1 , Civil Rights - Topic 4302 , Civil Rights - Topic 4909 and Civil Rights - Topic 5643 ].

Criminal Law - Topic 8790.1

Young offenders - Transfer into or out of youth court - Considerations - Protection of public and rehabilitation reconciled - The 16 year old young offender and a group of companions broke into the com­plainant's apartment to seek revenge - The youth pointed a rifle at the complainant and shot him in the back while he attempted to escape - The youth was charged with attempted murder, break and enter, possession of a firearm and unlawful use of a firearm - Broken family - Five prior convictions - Displayed violent behaviour and required treatment - The youth applied to have the attempted mur­der charge transferred to youth court - The Crown applied to have the other charges transferred to adult court - The Alberta Provincial Court ordered that all the charges be tried in adult court - The court focused on the seriousness of the offences and the availability of treatment in the adult facilities - See paragraphs 32 to 68.

Cases Noticed:

R. v. Dwernychuk (M.K.) (1992), 135 A.R. 31; 33 W.A.C. 31; 77 C.C.C.(3d) 385 (C.A.), refd to. [para. 5].

M.L., Re (1995), 177 A.R. 270 (Prov. Ct.), refd to. [para. 6].

R. v. G.J.M. (1992), 135 A.R. 204; 33 W.A.C. 204 (C.A.), refd to. [para. 6].

R. v. R.V.B. (1994), 145 A.R. 384; 55 W.A.C. 384 (C.A.), consd. [para. 7].

R. v. B.P.B. (1990), 11 W.C.B.(2d) 348 (B.C.C.A.), [para. 9].

R. v. K.N.P. (1996), 30 W.C.B.(2d) 115 (Man. Prov. Ct.), refd to. [para. 18].

R. v. T.A.L. (1986), 75 A.R. 147 (Prov. Ct.), refd to. [para. 20].

R. v. Girvin (1911), 45 S.C.R. 167, refd to. [para. 23].

R. v. Cope (1987), 59 Sask.R. 161 (C.A.), refd to. [para. 53].

R. v. Greene (1988), 68 Sask.R. 79 (C.A.), refd to. [para. 53].

R. v. Hyde (1990), 63 Man.R.(2d) 52; 55 C.C.C.(3d) 251 (C.A.), refd to. [para. 53].

R. v. Wenzel (1992), 126 A.R. 370 (Prov. Ct.), refd to. [para. 53].

R. v. Jacobson (1985), 61 A.R. 254 (Prov. Ct.), refd to. [para. 53].

R. v. M.J.M. (1989), 89 N.S.R.(2d) 98; 227 A.P.R. 98; 47 C.C.C.(3d) 436 (C.A.), refd to. [para. 59].

R. v. D.B.L. et al. (1996), 181 A.R. 187 (C.A.), refd to. [para. 59].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 19]; sect. 11(c) [para. 14]; sect. 11(d) [para. 3]; sect. 15 [para. 18].

Judicature Act, R.S.A. 1980, c. J-1, sect. 25 [para. 5].

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 3 [para. 61]; sect. 16(1), sect. 16(1.01), sect. 16(1.02), sect. 16(1.03), sect. 16(1.04), sect. 16(1.05), sect. 16(1.06), sect. 16(1.1), sect. 16(1.11) [para. 11]; sect. 16(2)(a) [para. 33]; sect. 16(2)(b) [para. 38]; sect. 16(2)(c) [para. 53]; sect. 16(2)(d) [para. 57]; sect. 16(2)(e) [para 59]; sect. 16(2)(f) [para. 61].

Counsel:

E.A. Miller, for the Crown;

J.S. Webb, for R.C.

This application was heard by Brownlee, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on October 18, 1996.