R. v. Wilder (D.M.), 2006 BCCA 290

• Judge: Donald, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 14, 2006
• Jurisdiction: British Columbia
• Citations: 2006 BCCA 290;(2006), 227 B.C.A.C. 310 (CA)

R. v. Wilder (D.M.) (2006), 227 B.C.A.C. 310 (CA);

    374 W.A.C. 310

MLB headnote and full text

Temp. Cite: [2006] B.C.A.C. TBEd. JN.028

Regina (respondent) v. Dara M. Wilder (appellant)

(CA031910; 2006 BCCA 290)

Indexed As: R. v. Wilder (D.M.)

British Columbia Court of Appeal

Donald, J.A.

June 14, 2006.

Summary:

The accused was charged with eight counts of fraud and two counts of possession of money and property obtained by crime, contrary to ss. 380(2)(a) and 254 of the Criminal Code. One count of each charge was stayed before trial.

The British Columbia Supreme Court, in a decision reported at [1998] B.C.T.C. Uned. G49, reversed its own previous decision and held that information obtained by Revenue Canada auditors from the accused under the compulsory provisions of the Income Tax Act prior to the commencement of the criminal investigation was inadmissible in the prosecution of the accused for the Criminal Code offences in the indictment. The accused's s. 7 Charter right against self-incrimination was denied. Thus all the "taxpayer information" relied upon by the Crown was ruled inadmissible. The accused made a "no evidence" motion, which was granted and the accused was acquitted. The Crown appealed.

The British Columbia Court of Appeal, in a decision reported at 132 B.C.A.C. 122; 215 W.A.C. 122, allowed the appeal, set aside the acquittal and ordered a new trial.

The British Columbia Supreme Court, in a decision reported at [2003] B.C.T.C. 1840, convicted the accused on seven counts of fraud and one count of possession of monies obtained by fraud. The accused appealed.

The British Columbia Court of Appeal, in a decision reported at 220 B.C.A.C. 255; 362 W.A.C. 255, dismissed the appeal. The accused sought leave to appeal to the Supreme Court of Canada. The accused's application for bail pending his application for leave to appeal was dismissed per Newbury, J.A. The accused sought a review of the bail refusal by a division of the Court of Appeal.

The British Columbia Court of Appeal, per Finch, C.J.B.C., in a decision reported at 222 B.C.A.C. 303; 368 W.A.C. 303, dismissed the application. The accused applied for a reconsideration of bail, alleging a change of circumstances.

The British Columbia Court of Appeal, per Donald, J.A., dismissed the application.

Editor's Note: there are numerous prior decisions in this matter.

Criminal Law - Topic 3303

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to ensure attendance - The accused was convicted on seven counts of fraud and one count of possession of monies obtained by fraud - He was sentenced to nine years' imprisonment and ordered to make restitution of $5,000,000 - His conviction appeal was dismissed - He sought leave to appeal to the Supreme Court of Canada - His application for bail pending his application for leave to appeal was dismissed (per Newbury, J.A.) - His application for a review of the bail refusal by a division of the Court of Appeal was also dismissed (per Finch, C.J.B.C.) on the basis that there was ample evidence to support the Chambers judge's conclusion that the accused failed to establish that he would surrender himself into custody if released on bail - He had no real ties to British Columbia and substantial ties to the State of Washington - He was facing a lengthy sentence of incarceration - His risk of flight had increased since his conviction appeal had been dismissed - The accused applied for a reconsideration of bail, alleging a change of circumstances - He presented fresh evidence explaining his connection with British Columbia - The British Columbia Court of Appeal, per Donald, J.A., dismissed the application - The accused's explanations did not have the requisite materiality to support a reconsideration of bail and did not lessen his flight risk.

Criminal Law - Topic 3320.1

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Application to Supreme Court of Canada for leave - [See Criminal Law - Topic 3303 ].

Cases Noticed:

R. v. Daniels (H.) (1997), 103 O.A.C. 369; 119 C.C.C.(3d) 413 (C.A.), refd to. [para. 5].

R. v. Baltovich (R.) (2000), 131 O.A.C. 29; 144 C.C.C.(3d) 233 (C.A.), refd to. [para. 20].

Counsel:

D.M. Wilder, on his own behalf;

L. Smith, for the respondent (Crown).

This application was heard in Chambers at Vancouver, B.C., by written submissions, by Donald, J.A., of the British Columbia Court of Appeal, who released the following judgment on June 14, 2006.