R. v. Wasylniuk, (1981) 12 Sask.R. 442 (DC)

• Case Date: May 29, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 12 Sask.R. 442 (DC)

R. v. Wasylniuk (1981), 12 Sask.R. 442 (DC)

MLB headnote and full text

R. v. Wasylniuk

(D.C. No. 260/80)

Indexed As: R. v. Wasylniuk

Saskatchewan District Court

Judicial Centre of Yorkton

Grotsky, D.C.J.

May 29, 1981.

Summary:

The accused was charged with a Vehicles Act (Sask.) offence. The trial judge, in a decision not reported in this series of reports, dismissed the information because the Crown failed to give the accused a notice of intention to produce a certified copy of the accused's motor vehicle registration as required by s. 28 of the Canada Evidence Act. The Crown appealed.

The Saskatchewan District Court allowed the appeal, set aside the acquittal and directed a new trial.

Motor Vehicles - Topic 4203

Offences - Evidence - Documents - Admissibility - Notice of offer of - Certified copy of vehicle registration - The Saskatchewan District Court held that the Canada Evidence Act does not impose any conditions upon admissibility of documents tendered under s. 251 of the Saskatchewan Vehicles Act for prosecutions under the Vehicles Act - See paragraph 37.

Practice - Topic 9003

Appeals - Notice of appeal - Extension of time for filing supporting documents - The Crown applied for leave for late filing of the certificate of the summary conviction court reporter - The rules of practice required the certificate to be filed with the notice of appeal - The Saskatchewan District Court granted leave for late filing so justice could be done by disposing of the appeal on its merits - See paragraphs 1 to 26.

Cases Noticed:

R. v. Robertson (1978), 45 C.C.C.(2d) 344 (Ont. C.A.), refd to. [para. 20].

R. v. Cole (1977), 33 C.C.C.(2d) 242, refd to. [para. 20].

R. v. Hammerling, [1980] 1 W.W.R. 572; 1 Man.R.(2d) 246 (Man. C.A.), refd to. [para. 20].

R. v. Yerxa (1979), 21 N.B.R.(2d) 569; 37 A.P.R. 569; 42 C.C.C.(2d) 177, folld. [para. 35].

R. v. Steen (1976), 30 C.C.C.(2d) 456, folld. [para. 36].

Statutes Noticed:

Canada Evidence Act, R.S.C. 1970, c. E-307, sect. 28 [para. 4].

Rules Relating to Appeals in Summary Conviction Matters (Sask.), rule 6 [para. 18]; rule 15 [para. 19].

Queen's Bench Rules (Sask.), rule 537 [para. 24].

Vehicles Act, R.S.S. 1978, c. V-3, sect. 251 [para. 32].

Authors and Works Noticed:

Webster's International Dictionary [para. 29].

Counsel:

D.S. Tennent, Q.C., for the Crown (appellant);

Orest Rosowsky, for the accused (respondent).

This case was heard by GROTSKY, D.C.J., of the Saskatchewan District Court, Judicial Centre of Yorkton, who on May 29, 1981, delivered the following judgment: