R. v. Warren (D.R.), 2008 ABQB 401

• Judge: Sirrs, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 23, 2008
• Citations: 2008 ABQB 401;(2008), 451 A.R. 263 (QB)

R. v. Warren (D.R.) (2008), 451 A.R. 263 (QB)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. JL.073

Her Majesty the Queen (respondent) v. Duane Richard Warren (appellant)

(030849731S2; 2008 ABQB 401)

Indexed As: R. v. Warren (D.R.)

Alberta Court of Queen's Bench

Judicial District of Wetaskiwin

Sirrs, J.

June 27, 2008.

Summary:

On January 5, 2004, the accused pled guilty to four counts of sexual assault contrary to s. 271 of the Criminal Code. On February 10, 2004, he was sentenced on all matters to a 12 month conditional sentence order, followed by 24 months' probation. He was also ordered to provide a sample of his DNA under s. 487.054 of the Code. On December 15, 2004, the Sex Offender Information Registry Act (SOIRA) was proclaimed into law. The accused was served with a notice to comply with SOIRA under s. 490.019 of the Code. The accused applied for a declaration that ss. 490.019 and 490.02(1) of SOIRA were unconstitutional because they offended s. 7 of the Charter. Alternatively, he sought an exemption under s. 490.023(2).

The Alberta Provincial Court, in a decision not reported in this series of reports, denied both applications. The accused appealed the finding that ss. 490.019 and 490.02(1) complied with s. 7 of the Charter.

The Alberta Court of Queen's Bench dismissed the appeal.

Civil Rights - Topic 8344

Canadian Charter of Rights and Freedoms - Application - Exceptions - Principles of fundamental justice (Charter, s. 7) - On January 5, 2004, the accused pled guilty to four counts of sexual assault contrary to s. 271 of the Criminal Code - On February 10, 2004, he was sentenced on all matters to a 12 month conditional sentence order, followed by 24 months' probation - He was also ordered to provide a sample of his DNA under s. 487.054 of the Criminal Code - On December 15, 2004, the Sex Offender Information Registry Act (SOIRA) was proclaimed into law - The accused was served with a notice to comply with SOIRA under s. 490.019 of the Code - The accused applied for a declaration, inter alia, that ss. 490.019 and 490.02(1) were unconstitutional because they offended s. 7 of the Charter - On appeal, the Alberta Court of Queen's Bench held that the interference with the accused's liberty, in particular, his right to know what the state might do to him now and in the future at the time he decided to plead guilty, did not outweigh the public's interest in the police knowing his whereabouts for his protection and the protection of the public.

Criminal Law - Topic 3090.2

Special powers - Sex offender registration legislation - Interpretation and validity of - [See Civil Rights - Topic 8344 ].

Statutes - Topic 6714

Operation and effect - Commencement, duration and repeal - Retrospective and retroactive enactments - Retrospective or retroactive operation - Criminal or penal legislation - [See Civil Rights - Topic 8344 ].

Cases Noticed:

R. v. Dyck (A.), [2005] O.T.C. 1119; 203 C.C.C.(3d) 365 (Sup. Ct.), refd to. [para. 6].

R. v. C.L.B., [2007] 12 W.W.R. 120; 428 A.R. 295 (Q.B.), refd to. [para. 6].

R. v. Redhead (D.G.) (2006), 384 A.R. 206; 367 W.A.C. 206; 2006 ABCA 84, refd to. [para. 6].

Reference Re Section 94(2) of the Motor Vehicle Act (B.C.), [1985] 2 S.C.R. 486; 63 N.R. 266, consd. [para. 6].

R. v. Young (1984), 3 O.A.C. 254; 13 C.C.C.(3d) 1 (C.A.), refd to. [para. 6].

Cunningham v. Canada, [1993] 2 S.C.R. 143; 151 N.R. 161; 62 O.A.C. 243; 1993 CarswellOnt 84, appld. [para. 8].

Canadian Broadcasting Corp. v. Dagenais et al., [1994] 3 S.C.R. 835; 175 N.R. 1; 76 O.A.C. 81, appld. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 490.019; sect. 490.02(1) [para. 3].

Authors and Works Noticed:

Hogg, Peter W., Constitutional Law of Canada (2006), pp. 1062, 1063, 1070 [para. 6].

Counsel:

Euan A.M. Gilmour (Attorney General-Crown Prosecutors' Office), for the respondent;

Mary MacDonald (Dawson Stevens & Shaigec), for the appellant.

This appeal was heard on May 23, 2008, by Sirrs, J., of the Alberta Court of Queen's Bench, Judicial District of Wetaskiwin, who delivered the following decision at Red Deer, Alberta, on June 27, 2008.