R. v. R.R.A., (1991) 98 Sask.R. 168 (ProvCt)

• Judge: Archambault, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: December 24, 1991
• Jurisdiction: Saskatchewan
• Citations: (1991), 98 Sask.R. 168 (ProvCt)

R. v. R.R.A. (1991), 98 Sask.R. 168 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. R.R.A.

Indexed As: R. v. R.R.A.

Saskatchewan Provincial Court

Prince Albert, Saskatchewan

Archambault, P.C.J.

December 24, 1991.

Summary:

A young offender was charged with crimi­nal negligence causing death. A voir dire was held to determine the admissibility of oral and written statements given by the young offender to police.

The Saskatchewan Provincial Court deter­mined that both statements were inadmiss­ible.

Civil Rights - Topic 4602

Right to counsel - Denial of - Evidence taken inadmissible - Police detained a young offender at the police station to question him concerning a death - Police advised him of his right to counsel - The youth expressed a wish to call counsel but was unsuccessful in locating one - Police breached the youth's right to counsel by failing to give the youth the toll-free number for Legal Aid and fully advise him of his right to have an adult or other counsel present when giving a statement - The Saskatchewan Provincial Court held that the evidence should be excluded under s. 24(2) of the Charter to avoid bringing the administration of justice into disrepute - See paragraphs 85 to 89.

Civil Rights - Topic 4605

Right to counsel - Denial of - Due to lack of time or opportunity - Police detained a young offender at the police station to question him concerning a death - Police advised him of his right to counsel - The youth indicated an intention to call a law­yer, but he and police made unsuccessful attempts to telephone one - Police advised of the availability of Legal Aid, but no such lawyer could be reached - The youth advised he would give a statement and then get a lawyer - The youth signed a waiver of his right to counsel and gave a written statement - The Saskatchewan Provincial Court held that the youth's rights under s. 56(2)(c) of the Young Offenders Act and s. 10(b) of the Charter were denied, as police failed to give the youth the toll-free number for Legal Aid and fully advise of his right to have an adult or other counsel present when giving the statement - See paragraphs 37 to 68, 70 to 74, 86 to 88.

Civil Rights - Topic 4609

Right to counsel - Duty of authority to explain right to counsel - [See Civil Rights - Topic 4605 ].

Civil Rights - Topic 4612

Right to counsel - Waiver or abandonment of - Police detained a young offender at the police station to question him concern­ing a death - Police advised him of his right to counsel - The youth indicated an intention to call a lawyer, but he and police made unsuccessful attempts to telephone one - Police advised of the availability of Legal Aid, but no such lawyer could be reached - The youth advised he would give a statement and then get a lawyer - The youth signed a waiver of his right to counsel and gave a written statement - The Saskatchewan Provincial Court held that the waiver was ineffective - See paragraphs 75 to 84.

Criminal Law - Topic 5347

Evidence - Witnesses - Confessions and voluntary statements - Young offenders - [See Civil Rights - Topic 4605 ].

Criminal Law - Topic 5347

Evidence - Witnesses - Confessions and voluntary statements - Young offenders - Police detained a young offender to ques­tion him concerning a death - Police advised him of his right to counsel - The youth made an oral statement in the police cruiser - The Saskatchewan Provincial Court held that the statement was inad­missible, as the warning and advice of Charter rights, while adequate for an adult, fell short of the requirements in s. 56(2)(b) of the Young Offenders Act for a young offender - See paragraph 46.

Criminal Law - Topic 8714

Young offenders - Right to counsel - [See Civil Rights - Topic 4605 ].

Cases Noticed:

R. v. Manninen, [1987] 1 S.C.R. 1233; 76 N.R. 198; 21 O.A.C. 192; 58 C.C.C.(3d) 97, refd to. [para. 56].

R. v. Brydges (1990), 103 N.R. 282; 104 A.R. 124; 74 C.R.(3d) 129, refd to. [para. 56].

R. v. B.C.W. (1986), 27 C.C.C.(3d) 481 (Man. C.A.), refd to. [para. 69].

R. v. Clarkson, [1986] 1 S.C.R. 383; 66 N.R. 114; 69 N.B.R.(2d) 40; 177 A.P.R. 40; 25 C.C.C.(3d) 207; 50 C.R.(3d) 207, refd to. [para. 76].

R. v. M.A.M. (1987), 32 C.C.C.(3d) 573 (B.C.C.A.), refd to. [para. 79].

R. v. J.T.J., Jr., [1990] 2 S.C.R. 3; 112 N.R. 321; 70 Man.R.(2d) 81; [1990] 6 W.W.R. 152; 59 C.C.C.(3d) 1; 79 C.R.(3d) 219, refd to. [para. 82].

R. v. Collins, [1987] 1 S.C.R. 264; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 38 D.L.R.(4th) 508; 33 C.C.C.(3d) 1, refd to. [para. 89].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [paras. 51, 56, 58, 66, 70, 74, 76, 84]; sect. 24(2) [para. 85].

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 54(4) [para. 76]; sect. 56(2) [paras. 37-38]; sect. 56(2)(a) [paras. 40, 44]; sect. 56(2)(b) [paras. 45-47, 49, 70, 79, 84]; sect. 56(2)(c) [paras. 50, 66, 68, 74, 76, 79, 85]; sect. 56(2)(d) [para. 76]; sect. 56(4) [paras. 37-39, 50, 78, 84].

Counsel:

P.A. Hryhorchuk, for the Crown;

H.M. Harradence, for the defence.

This voir dire was held before Archambault, P.C.J., of the Saskatchewan Provincial Court, Prince Albert, Saskatchewan, whose decision was delivered orally on December 24, 1991.