R. v. Taylor (J.W.), (1995) 142 N.S.R.(2d) 382 (CA)

• Judge: Hallett, Pugsley and Bateman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: June 12, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 142 N.S.R.(2d) 382 (CA)

R. v. Taylor (J.W.) (1995), 142 N.S.R.(2d) 382 (CA);

  407 A.P.R. 382

MLB headnote and full text

James Walter Taylor (appellant) v. Her Majesty The Queen (respondent)

(C.A.C. No. 108837)

Indexed As: R. v. Taylor (J.W.)

Nova Scotia Court of Appeal

Hallett, Pugsley and Bateman, JJ.A.

June 22, 1995.

Summary:

Taylor was convicted of entering on prem­ises where entry was prohibited by notice, contrary to the Protection of Property Act, s. 3(1)(e). He appealed.

The summary conviction appeal court dismissed the appeal. Taylor appealed again.

The Nova Scotia Court of Appeal allowed the appeal and ordered a new trial.

Courts - Topic 592

Judges - Duties - Duty to conduct fair and impartial proceedings - [See Criminal Law - Topic 128 and Criminal Law - Topic 4294 ].

Criminal Law - Topic 128

Rights of accused - Right to make full answer and defence - Taylor was charged with entering on premises where entry was prohibited by notice, contrary to the Pro­tection of Property Act, s. 3(1)(e) - At trial, he represented himself because his request for an adjournment to obtain a lawyer was denied - The trial judge opined that Taylor had sufficient time to obtain a lawyer as four months passed from the date of Taylor's not guilty plea to the trial - Taylor was convicted - The Nova Scotia Court of Appeal held that Taylor was not given the opportunity to conduct a full answer and defence - Par­ticularly, the trial judge erred in law by failing to enquire into the reasonableness of Taylor's failure to obtain a lawyer - See paragraphs 1 to 23.

Criminal Law - Topic 4294

Procedure - Trial judge - Duties and functions of - Where accused not repre­sented - The Nova Scotia Court of Appeal discussed generally a trial judge's duties, particularly when the accused was not represented by counsel - See paragraphs 24 to 30.

Cases Noticed:

R. v. Barrette, [1977] 2 S.C.R. 121; 10 N.R. 321, refd to. [para. 21].

R. v. Manhas, [1980] 1 S.C.R. 591; 32 N.R. 8, refd to. [para. 22].

R. v. Kennie (G.D.) (1993), 121 N.S.R.(2d) 91; 335 A.P.R. 91 (C.A.), refd to. [para. 25].

R. v. McGibbon (1988), 31 O.A.C. 10; 45 C.C.C.(3d) 334 (C.A.), refd to. [para. 25].

R. v. Valley (1986), 13 O.A.C. 89; 26 C.C.C.(3d) 207 (C.A.), refd to. [para. 26].

R. v. Jenset (1986), 24 C.C.C.(3d) 193 (Ont. H.C.), refd to. [para. 26].

R. v. Campbell (1981), 49 N.S.R.(2d) 307; 96 A.P.R. 307 (C.A.), refd to. [para. 29].

R. v. Brouillard, [1985] 1 S.C.R. 39; 57 N.R. 168; 17 C.C.C.(3d) 193, refd to. [para. 30].

Statutes Noticed:

Criminal Code, R.S.C. 1983, c. C-46, sect. 839 [para. 17].

Protection of Property Act, R.S.N.S. 1989, c. 363, sect. 3(1)(e) [para. 2].

Counsel:

The appellant appeared in person;

Robert Hagell, for the respondent.

This appeal was heard on June 12, 1995, before Hallett, Pugsley and Bateman, JJ.A., of the Nova Scotia Court of Appeal. Pugs­ley, J.A., delivered the following judgment for the court on June 22, 1995.