R. v. Simon (No. 2), (1982) 38 A.R. 390 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: July 07, 1982
• Jurisdiction: Northwest Territories
• Citations: (1982), 38 A.R. 390 (NWTSC)

R. v. Simon (1982), 38 A.R. 390 (NWTSC)

MLB headnote and full text

R. v. Simon (No. 2)

(SC 2564)

Indexed As: R. v. Simon (No. 2)

Northwest Territories Supreme Court

de Weerdt, J.

July 7, 1982

Summary:

The convicted accused was at a sentence hearing before a judge alone under s. 689(2) of the Criminal Code of Canada, R.S.C. 1970, c. C-34. The accused moved that he was entitled to be sentenced before a judge and jury pursuant to s. 11(f) of the Canadian Charter of Rights and Freedoms (1982). The accused submitted that s. 689(2) of the Code was inoperative, because it was in direct conflict with s. 11(f) of the Charter. The Northwest Territories Supreme Court dismissed the motion.

Civil Rights - Topic 8408

Canadian Charter of Rights and Freedoms - Criminal proceedings - Jury trial - The Crown applied to have a convicted accused sentenced before a judge alone, pursuant to ss. 688 and 689(2) of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - At the hearing, the accused moved that he was entitled to be sentenced before a judge and a jury pursuant to s. 11(f) of the Canadian Charter of Rights and Freedoms (1982) - The Northwest Territories Supreme Court dismissed the motion - The court held that under s. 11 of the Charter, the accused was not entitled to a "trial by jury" after he was convicted - See paragraph 7.

Statutes Noticed:

Canadian Charter of Rights and Freedoms (1982), sect. 11(f) [para. 3]; sect. 24 [para. 4].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 670, sect. 672 [para. 8]; sect. 688 [para. 7]; sect. 689(2) [para. 2].

Counsel:

B. Fontaine, for the applicant;

E.J. Richard, and C. Meikle, for the respondent.

This application was heard before de WEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on July 7, 1982.