R. v. V.K.G., (1991) 118 A.R. 118 (ProvCt)

• Judge: Brownlee, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: April 17, 1991
• Citations: (1991), 118 A.R. 118 (ProvCt)

R. v. V.K.G. (1991), 118 A.R. 118 (ProvCt)

MLB headnote and full text

In The Matter Of V.K.G., born 76/MY/07, a young person within the meaning of the Young Offenders Acts

(No. C0430278936)

Indexed As: R. v. V.K.G.

Alberta Provincial Court

Youth Division

Brownlee, P.C.J.

April 17, 1991.

Summary:

A youth was charged with theft of an automobile. On voir dire he raised several issues concerning the admissibility of a written confession, including infringement of his right to counsel where police neglected to inform him of the availability of legal aid and duty counsel.

The Alberta Provincial Court, Youth Divi­sion, acquitted the youth.

Civil Rights - Topic 4604

Right to counsel - Denial of - What constitutes - A youth turned himself in for car theft, was arrested and informed of his rights under the Young Offenders Act - At the police station, police explained a waiver under s. 56 of the Act - It advised of his right to consult a parent, adult or lawyer - He was not informed of the availability of legal aid and duty counsel - He signed the waiver and gave a written confession - The Alberta Provincial Court, Youth Division, held that the youth's s. 10(b) Charter right to counsel had been infringed - The confession was excluded under s. 24(2) of the Charter - See para­graphs 12 to 17.

Civil Rights - Topic 8368

Charter - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 4604 ].

Criminal Law - Topic 8714

Young offenders - General principles - Right to counsel - [See Civil Rights - Topic 4604 ].

Criminal Law - Topic 8719

Young offenders - General principles - Procedure - Waiver of statutory rights - [See Civil Rights - Topic 4604 ].

Criminal Law - Topic 8719

Young offenders - General principles - Procedure - Waiver of statutory rights - After admissible statements during investi­gation stages, a young offender signed a waiver under s. 56 of the Young Offenders Act and made a written confession - He signed part A of the waiver indicating that he had been advised of his rights under the Act - He indicated on parts B and C that he waived an adult's or lawyer's advice and presence - He only signed part C - The Alberta Provincial Court, Youth Division, held that the waiver was not tainted, was voluntary and complied with s. 56(4) of the Act - See paragraphs 6 to 11.

Cases Noticed:

R. v. Brydges, [1990] 2 W.W.R. 220; 103 N.R. 282; 104 A.R. 124; 53 C.C.C.(3d) 330; 74 C.R.(3d) 129, appld. [para. 12].

R. v. Therrien (1990), 115 A.R. 243, refd to. [para. 15].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [para. 13]; sect. 24(2) [para. 17].

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 56 [para. 5]; sect. 56(2)(b) [para. 9]; sect. 56(2)(c), sect. 56(4) [para. 10].

Counsel:

D. Oko, for the Crown;

T.E. Foster, for the young person.

This case was heard before Brownlee, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on April 17, 1991.