R. v. Vallentgoed (D.J.C.), (2016) 612 A.R. 48

• Judge: Veldhuis, J.A.
• Court: Court of Appeal (Alberta)
• Case Date: January 19, 2016
• Citations: (2016), 612 A.R. 48;2016 ABCA 19

R. v. Vallentgoed (D.J.C.) (2016), 612 A.R. 48; 662 W.A.C. 48 (CA)

MLB headnote and full text

Temp. Cite: [2016] A.R. TBEd. JA.095

Her Majesty the Queen (respondent) v. Darren John Chip Vallentgoed (respondent) and Chief of Police of the Edmonton Police Service (applicant) and Calgary Police Service (applicant)

(1503-0098-A)

Her Majesty the Queen (respondent) v. Kevin Patrick Gubbins (respondent) and Chief of Police of the Edmonton Police Service (applicant) and Calgary Police Service (applicant)

(1503-0099-A; 2016 ABCA 19)

Indexed As: R. v. Vallentgoed (D.J.C.)

Alberta Court of Appeal

Veldhuis, J.A.

January 22, 2016.

Summary:

These two summary conviction appeals dealt with the same issue: disclosure of maintenance logs of approved breath instruments used to take breath samples of accused persons.

The Alberta Court of Queen's Bench, in a decision reported at (2015), 608 A.R. 197, held that maintenance logs of the breathalyzer machine were relevant and were first party records. They had to be disclosed to the accused person in the first instance; no disclosure voir dire was required. The Crown sought leave to appeal.

The Alberta Court of Appeal, per Wakeling, J.A., granted leave to appeal. See (2015), 602 A.R. 90; 647 W.A.C. 90. The Edmonton and Calgary Police Services sought leave to intervene in the Crown appeals.

The Alberta Court of Appeal, per Veldhuis, J.A., dismissed the applications.

Editor's Note: The trial decision regarding the second appeal is reported at (2014), 596 A.R. 351 (Prov. Ct.).

Criminal Law - Topic 4808

Appeals - Indictable offences - General principles - Intervenors - The Alberta Court of Appeal, per Veldhuis, J.A., stated that "The discretion to grant intervener status should be exercised sparingly, particularly in criminal proceedings where the dispute must remain between the accused and the Crown: R v Neve, [1996] 8 WWR 294 at para 16, 184 AR 359 (CA). Interventions in criminal appeals are 'generally shunned by the courts for a variety of policy and prudential reasons', especially the risk 'that the hearing of other voices can distort an appeal': R v JLA, 2009 ABCA 324 at para 2, 464 AR 310." - See paragraphs 1 to 16.

Criminal Law - Topic 7465.1

Summary conviction proceedings - Appeals - General - Intervenors - [See Criminal Law - Topic 4808 ].

Criminal Law - Topic 7465.1

Summary conviction proceedings - Appeals - General - Intervenors - Two summary conviction appeals (R. v. Vallentgoed and R. v. Gubbins) dealt with the same issue: disclosure of maintenance logs of approved breath instruments used to take breath samples of accused persons - The summary conviction appeal court judge held that maintenance logs of the breathalyzer machine were relevant and were first party records - They had to be disclosed to the accused person in the first instance; no disclosure voir dire was required - The Crown was granted leave to appeal - The Edmonton and Calgary Police Services sought leave to intervene - The Alberta Court of Appeal, per Veldhuis, J.A., dismissed the applications - "As custodians of AI records, the Edmonton Police Service (EPS) and the Calgary Police Service (CPS) could be ordered to disclose additional AI records as a result of the Vallentgoed and Gubbins appeals. In this way, the EPS and CPS are directly affected by the outcome of this appeal, in addition to being affected by whatever rule it creates for future cases. However, it is doubtful that the EPS and CPS will provide a fresh perspective on the issues or present different submissions from the Crown on appeal. Permitting the CPS and EPS to intervene will serve to further prejudice the Respondents, who already saw their trials adjourned and lengthened significantly because of these disclosure issues." - See paragraphs 7 and 8.

Cases Noticed:

R. v. Morgentaler, [1993] 1 S.C.R. 462; 157 N.R. 97; 125 N.S.R.(2d) 81; 349 A.P.R. 81, refd to. [para. 5].

Edmonton (City) v. Subdivision and Development Appeal Board (Edmonton (City)) et al. (2014), 584 A.R. 255; 623 W.A.C. 255; 2014 ABCA 340, refd to. [para. 5].

Pedersen v. Thournout (2008), 432 A.R. 219; 424 W.A.C. 219; 2008 ABCA 192, refd to. [para. 5].

Stewart Estate et al. v. TAQA North Ltd. et al. (2014), 577 A.R. 57; 613 W.A.C. 57; 2014 ABCA 222, refd to. [para. 5].

R. v. Neve (L.), [1996] 8 W.W.R. 294; 184 A.R. 359; 122 W.A.C. 359, refd to. [para. 6].

R v J.L.A. - see R. v. J.L.M.A.

R. v. J.L.M.A. (2009), 464 A.R. 310; 467 W.A.C. 310; 2009 ABCA 324, refd to. [para. 6].

Lameman et al. v. Canada (Attorney General) (2005), 380 A.R. 301; 363 W.A.C. 301; 2005 ABCA 320, refd to. [para. 12].

R. v. McNeil (L.), [2009] 1 S.C.R. 66; 383 N.R. 1; 246 O.A.C. 154; 2009 SCC 3, refd to. [para. 15].

Counsel:

J.R. Russell, for the respondent, Her Majesty the Queen;

S.K. Prithipaul, for the respondent, Darren John Chip Vallentgoed;

T.E. Foster and K.J. Beyak, for the respondent, Kevin Patrick Gubbins;

K.M. Haymond, for the applicant, Chief of Police of the Edmonton Police Service;

G.N. Stapon, Q.C., and L.M. Gill, for the applicant, Calgary Police Service.

These applications for leave for intervener status were heard on January 19, 2016, by Veldhuis, J.A., of the Alberta Court of Appeal, who delivered the following reasons for decision on January 22, 2016.