R. v. Saravanja, (1979) 23 A.R. 445 (NWTSC)

• Judge: Tallis, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: October 19, 1979
• Jurisdiction: Northwest Territories
• Citations: (1979), 23 A.R. 445 (NWTSC)

R. v. Saravanja (1979), 23 A.R. 445 (NWTSC)

MLB headnote and full text

R. v. Saravanja

(No. 2020C.)

Indexed As: R. v. Saravanja

Northwest Territories Supreme Court

Tallis, J.

October 19, 1979.

Summary:

This headnote contains no summary.

Trials - Topic 1227

Summary convictions - Appeals - New trials - Grounds - Sufficiency of trial record - The accused was convicted of an offence contrary to the Vehicles Ordinance of the Northwest Territories - The accused appealed his conviction on the ground that the trial judge erred in not dismissing the action on a motion by the accused - There was no transcript of the evidence nor did the witnesses sign depositions taken by the presiding judge - The Northwest Territories Supreme Court allowed the appeal on the ground that the accused was not allowed to argue his motion and also on the ground that the trial record was insufficient - The Supreme Court stated that a proper trial record could be established by: (1) having the evidence of the proceedings transcribed by a reporter in a transcript or (2) having depositions taken by the presiding judge read back to the witnesses - See paragraph 4.

Trials - Topic 1228

Similar convictions - Appeals - New trials - Grounds - Presentation of argument - The accused was convicted of an offence contrary to the Vehicles Ordinance of the Northwest Territories - At trial the accused tried to argue a motion to dismiss the information, because it did not disclose whether one or two charges were involved - The trial judge did not allow the accused to argue the motion - The accused appealed - The Northwest Territories Supreme Court allowed the appeal and ordered a new trial to allow the accused to argue his motion to quash.

Counsel:

P. Asselin, for the Crown;

Elias Saravanja, in person.

This case was heard on October 19, 1979, at Yellowknife, Northwest Territories, by TALLIS, J., of the Northwest Territories Supreme Court.

On October 19, 1979, TALLIS J., delivered the following oral judgment.