R. v. Wasylyniuk, (1981) 13 Sask.R. 163 (CA)

• Judge: Brownridge, Hall and MacDonald, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: October 14, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 13 Sask.R. 163 (CA)

R. v. Wasylyniuk (1981), 13 Sask.R. 163 (CA)

MLB headnote and full text

R. v. Wasylyniuk

Indexed As: R. v. Wasylyniuk

Saskatchewan Court of Appeal

Brownridge, Hall and MacDonald, JJ.A.

October 14, 1981.

Summary:

The accused was charged with an offence under the Saskatchewan Vehicles Act. 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 - see 12 Sask.R. 442. The accused appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal.

Motor Vehicles - Topic 4203

Offences - Evidence - Documents - Admissibility - Notice of offer of documents - Certified copy of motor vehicle registration - The Saskatchewan Court of Appeal affirmed 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.

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 Court of Appeal affirmed the granting of leave for late filing so justice could be done by disposing of the appeal on its merits.

Statutes Noticed:

Canada Evidence Act, R.S.C. 1970, c. E-307, sect. 28.

Vehicles Act, R.S.S. 1978, c. V-3, sect. 251.

Counsel:

O. Rosowsky, for the appellant;

C.R. Quinney, for the respondent.

This appeal was heard by BROWNRIDGE, HALL and MacDONALD, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by BROWNRIDGE, J.A., at Regina, Saskatchewan, on October 14, 1981.