R. v. R.P., (1977) 20 N.B.R.(2d) 271 (QB)

• Judge: Meldrum, Loc. J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 19, 1977
• Jurisdiction: New Brunswick
• Citations: (1977), 20 N.B.R.(2d) 271 (QB)

R. v. R.P. (1977), 20 N.B.R.(2d) 271 (QB);

    20 R.N.-B.(2e) 271; 34 A.P.R. 271

MLB headnote and full text

Sommaire et texte intégral

R. v. R.P.

Indexed As: R. v. R.P.

Répertorié: R. v. R.P.

New Brunswick Court of Queen's Bench

Meldrum, Loc. J.

December 19, 1977.

Summary:

Résumé:

This case arose out of an information laid against the accused juvenile under the Juvenile Delinquents Act. On October 31, 1975, an information was laid against the accused juvenile under the Juvenile Delinquents Act. On September 16, 1976, the trial judge adjourned the matter sine die, because of a procedural omission by the Crown. On June 8, 1977, the Crown relaid the information. The trial judge refused to proceed on the new information and held that it was an abuse of process by the Crown. The Crown applied for an order of mandamus to compel the trial judge to proceed.

The New Brunswick Court of Queen's Bench held that the new information was not an abuse of process and ordered the trial judge to proceed to hear the information.

Administrative Law - Topic 3680

Judicial review - Mandamus - Mandamus to courts and judicial officers - Judicial duties - General - A trial judge refused to proceed on an information on the ground that it constituted an abuse of process by the Crown - The New Brunswick Court of Queen's Bench held that the information was not an abuse of process and issued an order of mandamus to compel the trial judge to proceed with the information - See paragraphs 22 to 27.

Criminal Law - Topic 253

Abuse of process - What constitutes - On October 31, 1975, an information was laid against the accused juvenile under the Juvenile Delinquents Act - On September 16, 1976, the trial judge adjourned the matter sine die, because of a procedural omission by the Crown - On June 8, 1977, the Crown relaid the information - The trial judge refused to proceed on the new information and held that it was an abuse of process by the Crown - The New Brunswick Court of Queen's Bench held that the new information was not an abuse of process and ordered the trial judge to proceed - See paragraphs 1 to 21.

Criminal Law - Topic 255

Abuse of process - Power of court to prevent an abuse of process and to grant an accused a stay of proceedings - The New Brunswick Court of Queen's Bench held that there was no general power in the criminal courts to stay proceedings regularly instituted because the prosecution is considered oppressive - See paragraphs 7 to 20.

Cases Noticed:

R. v. Scheller and Tomlinson, 37 C.R.N.S. 332, appld. [para. 7].

R. v. Rourke, 62 D.L.R.(3d) 650, affd. 16 N.R. 185; 38 C.R.N.S. 268, appld. [para. 7].

R. v. Potter, [1977] 1 W.W.R. 592; 1 A.R, 415, consd. [para. 12].

R. v. Velvick (1976), 5 A.R. 343, consd. [para. 13].

R. v. Forrester, [1977] 1 W.W.R. 581, consd. [para. 14].

Connelly v. D.P.P., [1964] A.C. 1254; [1964] 2 All E.R. 401, consd. [para. 17].

Orpen v. A.-G. for Ontario, [1925] 2 D.L.R. 366, consd. [para. 18].

London County Council v. Attorney General, [1902] A.C. 165, consd. [para. 19].

R. v. Osborne, 11 N.B.R.(2d) 48; 7 A.P.R. 48, appld. [para. 20].

Lemon v. Elliott, [1964] 3 C.C.C. 281; 46 W.W.R.(N.S.) 613, appld. [para. 24].

R. v. Kane, 17 N.B.R.(2d) 441; 23 A.P.R. 441, folld. [para. 26].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 508 [para. 11].

Juvenile Delinquents Act, R.S.C. 1970, c. J-3, sect. 16 [para. 4].

Counsel:

Graham J. Sleeth, for the Crown;

Joseph Michaud, for the accused.

This case was heard before MELDRUM, LOC. J., of the New Brunswick Supreme Court, Queen's Bench Division.

On December 19, 1977, MELDRUM, LOC. J., delivered the following judgment: