R. v. Torkelson (T.L.), (1997) 160 Sask.R. 238 (ProvCt)

• Judge: Goliath, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 27, 1997
• Jurisdiction: Saskatchewan
• Citations: (1997), 160 Sask.R. 238 (ProvCt)

R. v. Torkelson (T.L.) (1997), 160 Sask.R. 238 (ProvCt)

MLB headnote and full text

Temp. Cite: [1997] Sask.R. TBEd. DE.035

Her Majesty The Queen (Crown) v. Toby Lee Torkelson (accused)

Indexed As: R. v. Torkelson (T.L.)

Saskatchewan Provincial Court

Goliath, P.C.J.

November 27, 1997.

Summary:

The accused was charged with dangerous driving, contrary to the Criminal Code, and speeding, contrary to the Highway Traffic Act. At the close of the Crown's case, the defence moved to dismiss the charges on the basis that the Crown failed to prove that the accused was the driver of the vehicle "at the Macoun District" as stipulated in the in­formation.

The Saskatchewan Provincial Court dis­missed the charges.

Criminal Law - Topic 7277

Summary conviction proceedings - Informations - Amendments - Whether prejudicial - RCMP observed a car travelling at a high rate of speed near Macoun, Saskatchewan - The officer pur­sued the vehicle, but was unable to keep up - The vehicle proceeded to Este­van where it was pursued by Estevan police before it stopped - The accused was charged with dangerous driving and speeding "at the Macoun District" - Melby and Hutt, the other occupants of the vehicle, testified that Melby drove the car near Macoun and that they changed drivers and the accused drove on to Estevan - The Crown sought to amend the information to incorporate the driving that took place at Estevan - The Saskatchewan Provincial Court held that it would be unfair to allow the amendment in view of the fact that admissions were made that the alleged driving was dangerous and that the identity of the accused was not an issue - The court dismissed both charges.

Cases Noticed:

R. v. Rosen, [1985] 1 S.C.R. 83; 57 N.R. 13, refd to. [para. 11].

R. v. Rooke and De Vries, [1990] 1 S.C.R. 1020; 108 N.R. 234, refd to. [para. 11].

Counsel:

W. Holliday, for the Crown;

M. Tochor, for the accused.

This matter was heard before Goliath, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on November 27, 1997.