R. v. Rudko (D.), 2000 ABQB 239

• Judge: Johnstone, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 10, 2000
• Citations: 2000 ABQB 239;(2000), 267 A.R. 371 (QB)

R. v. Rudko (D.) (2000), 267 A.R. 371 (QB)

MLB headnote and full text

Temp. Cite: [2000] A.R. TBEd. AP.141

Her Majesty the Queen (respondent) v. Donald Rudko also known as Donny Wally Rudko (applicant)

(Action No. 9903-1149C1; 2000 ABQB 239)

Indexed As: R. v. Rudko (D.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Johnstone, J.

April 14, 2000.

Summary:

On May 26, 1999, Rudko appeared before the Alberta Provincial Court on income tax charges. He made "forceful and imaginative objections" to the court's jurisdiction. The judge remanded Rudko into custody until May 28, 1999 and issued an order for him to appear on May 28, 1999 to show cause why he should not be held in contempt of court. Rudko applied for diverse remedies. He sought an order in the nature of certiorari to quash the order made against him on May 26, 1999. Rudko also sought an order pro­hibiting the judge from dealing any further with the contempt matter or various other charges he faced. As a remedy for what he alleged was a breach of his right under s. 11(e) of the Charter not to be denied rea­sonable bail without just cause, Rudko requested that the court stay the contempt proceedings against him.

The Alberta Court of Queen's Bench, in a decision reported 252 A.R. 142, allowed the application and stayed the contempt pro­ceedings. Rudko sought costs against the Crown.

The Alberta Court of Queen's Bench dis­missed the application.

Civil Rights - Topic 8380.7

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Costs - Rudko successfully applied for a stay of contempt proceedings against him on the basis that his s. 11(e) Charter right not to be denied rea­sonable bail without just cause had been denied by the court - Rudko sought an order requiring the Crown to pay all the costs he incurred, on a solicitor-client basis - The Alberta Court of Queen's Bench dismissed the application where the stay of the contempt proceedings was a sufficient remedy for the Charter breach.

Cases Noticed:

R. v. Pawlowski (1992), 13 C.R.(4th) 228 (Ont. Gen. Div.), refd to. [para. 7].

R. v. Robinson (C.J.) (1999), 250 A.R. 201; 213 W.A.C. 201 (C.A.), consd. [paras. 10, 25].

R. v. Jedynack, [1994] O.J. No. 29 (Gen. Div.), refd to. [para. 13].

R. v. Curragh Inc. et al., [1997] 1 S.C.R. 537; 209 N.R. 252; 159 N.S.R.(2d) 1; 468 A.P.R. 1; 5 C.R.(5th) 291; 113 C.C.C.(3d) 481, consd. [para. 17].

Canada (Minister of Citizenship and Immigration) v. Tobiass et al. (1997), 218 N.R. 81; 118 C.C.C.(3d) 443 (S.C.C.), refd to. [para. 22].

R. v. Cole (D.) (2000), 183 N.S.R.(2d) 263; 568 A.P.R. 263 (C.A.), refd to. [para. 32].

R. v. Trask, [1987] 2 S.C.R. 304; 79 N.R. 145; 68 Nfld. & P.E.I.R. 271; 209 A.P.R. 271, refd to. [para. 33].

Counsel:

Murray Stone, for the applicant;

Dennis Hrabcak (Alberta Justice), for the respondent.

Johnstone, J., of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, heard this application on March 10, 2000, and delivered the following decision on April 14, 2000.