R. v. Rorquist, (1980) 5 Sask.R. 94 (CA)

• Judge: Culliton, C.J.S., Woods and Brownridge, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 10, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 5 Sask.R. 94 (CA)

R. v. Rorquist (1980), 5 Sask.R. 94 (CA)

MLB headnote and full text

R. v. Rorquist

(No. 8842)

Indexed As: R. v. Rorquist

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods and Brownridge, JJ.A.

November 10, 1980.

Summary:

This case arose out of a charge of driving while disqualified contrary to s. 238(3)(b) of the Criminal Code. The trial court convicted the accused. The accused appealed to the Saskatchewan District Court.

The Saskatchewan District Court allowed the appeal and set aside the conviction of the accused. The Crown appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal, set aside the judgment of the District Court and restored the conviction of the accused.

Criminal Law - Topic 1388

Motor vehicles - Driving while disqualified - Evidence and proof - Knowledge of suspension or disqualification - The Saskatchewan Court of Appeal held that the certificate provided for in s. 238(4) of the Criminal Code upon being entered into evidence, is prima facie proof that the person named in the certificate has knowledge of the suspension or cancellation of his licence - See paragraph 12.

Criminal Law - Topic 1389

Driving while disqualified - Intention or mens rea - The Saskatchewan Court of Appeal stated that mens rea is a necessary element of an offence under s. 238(3) of the Criminal Code - See paragraph 9.

Evidence - Topic 2504

Special modes of proof - Presumption of regularity - Notice or knowledge - The Saskatchewan Court of Appeal referred to the presumption of regularity of a notice required to be given by a judge to an accused pursuant to s. 86(15) of the Saskatchewan Vehicles Act - See paragraphs 11 and 12.

Cases Noticed:

R. v. Ooms, [1973] 4 W.W.R. 767, refd to. [para. 9].

R. v. Prue and Regina v. Baril, 26 N.R. 470; [1979] 2 S.C.R. 547, refd to. [para. 9].

Harris v. Knight (1890), 15 P.D. 170, refd to. [para. 10].

R. v. Lock, 18 C.C.C.(2d) 477, refd to. [para. 12].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 238(4).

Vehicles Act, R.S.S. 1978, c. V-3, sect. 86(15), sect. 86(16) [para. 8].

Counsel:

K.W. MacKay, for the appellant;

P.L. Kotyk, for the respondent.

This appeal was heard by CULLITON, C.J.S., WOODS and BROWNRIDGE, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on November 10, 1980.