R. v. White (K.E.), (1995) 55 B.C.A.C. 68 (YukCA)

• Judge: Taylor, Gibbs and Prowse, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: January 27, 1995
• Jurisdiction: Yukon
• Citations: (1995), 55 B.C.A.C. 68 (YukCA)

R. v. White (K.E.) (1995), 55 B.C.A.C. 68 (YukCA);

    90 W.A.C. 68

MLB headnote and full text

Regina (respondent) v. Kevin Edward White (appellant)

(YU00257)

Indexed As: R. v. White (K.E.)

Yukon Court of Appeal

Taylor, Gibbs and Prowse, JJ.A.

January 27, 1995.

Summary:

The accused appealed his conviction for assault causing bodily harm.

The Yukon Court of Appeal allowed the appeal and ordered a new trial.

Civil Rights - Topic 3133

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to make full answer and defence - The Crown obtained an adjournment over the accused's vigor­ous objections - The accused was prepared to proceed with counsel - A week before trial the accused, now unable to afford counsel, was refused an adjournment - He renewed his applica­tion at trial, advising that new counsel needed a "few days" to read his file - The Crown's case proceeded absent defence counsel - The accused was not trying to manipulate the system or delay the case - The Yukon Court of Appeal held that in refusing to allow the adjourn­ment to allow the accused repre­sentation during the Crown's case, the accused was denied the right to make full answer and defence.

Criminal Law Topic 4485

Procedure - Trial - Adjournments - [See Civil Rights - Topic 3133 ].

Cases Noticed:

R. v. McCormick (R.A.) et al. (1993), 27 B.C.A.C. 177; 45 W.A.C. 177; 81 C.C.C.(3d) 209 (C.A.), refd to. [para. 11].

R. v. Barrette, [1977] 2 S.C.R. 121; 10 N.R. 321; 29 C.C.C.(2d) 189; 68 D.L.R.(3d) 260, refd to. [para. 12].

R. v. Huxted, [1984] N.W.T.R. 1; 45 A.R. 48 (C.A.), refd to. [para. 12].

R. v. Richard and Sassano (1992), 55 O.A.C. 43 (C.A.), refd to. [para. 12].

R. v. Johnson, [1973] 3 W.W.R. 513; 11 C.C.C.(2d) 101; 21 C.R.N.S. 375 (B.C.C.A.), refd to. [para. 12].

R. v. Smith (J.J.) (1989), 35 O.A.C. 301; 52 C.C.C.(3d) 90; 8 W.C.B.(2d) 504 (C.A.), refd to. [para. 12].

Counsel:

S. Jackson, for the appellant;

R.G. Garson, for the respondent.

This appeal was heard in Vancouver, British Columbia, before Taylor, Gibbs and Prowse, JJ.A., of the Yukon Court of Appeal. On January 27, 1995, the decision of the court was delivered orally including the following opinions:

Prowse, J.A. - see paragraphs 1 to 14;

Taylor, J.A., concurring - see paragraphs 16 and 18;

Gibbs, J.A., concurring - see paragraph 17.