R. v. Woods (D.J.), (1996) 179 N.B.R.(2d) 153 (CA)

• Judge: Rice, Ryan and Bastarache, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 26, 1996
• Jurisdiction: New Brunswick
• Citations: (1996), 179 N.B.R.(2d) 153 (CA)

R. v. Woods (D.J.) (1996), 179 N.B.R.(2d) 153 (CA);

    179 R.N.-B.(2e) 153; 455 A.P.R. 153

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty the Queen (appellant) v. David Joseph Woods (respondent)

(47/96/CA)

Indexed As: R. v. Woods (D.J.)

New Brunswick Court of Appeal

Rice, Ryan and Bastarache, JJ.A.

June 26, 1996.

Summary:

A Provincial Court judge determined that he was not independent because of his out­standing lawsuit with the Province of New Brunswick. He held that a hearing in front of him would violate an accused's s. 11(d) Charter rights. He ordered a stay of pro­ceedings against an accused. The judge was ordered not to recuse himself. Subsequently, another accused, charged with the indictable offence of pos­session of property obtained by crime (Criminal Code, s. 355(b)(i)), appeared before the judge and applied for a stay of proceedings. The judge granted the applica­tion, holding that the accused's Char­ter rights would be violated if he heard the case. The Crown appealed.

The New Brunswick Court of Appeal allowed the appeal and remitted the matter to the Provincial Court to be assigned for trial.

Editor's Note: For a related case see Strange, C.J.P.C. v. Mackin, P.C.J. (1996), 176 N.B.R.(2d) 321; 447 A.P.R. 321.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - A Provincial Court judge determined that he was not independent because of his outstanding lawsuit with the Province of New Brunswick - He held that a hearing in front of him would violate an accused's s. 11(d) Charter rights - The judge was ordered not to recuse himself - Subsequently, an accused charged with possession of property obtained by crime (indictable) applied for a stay of proceed­ings - The judge granted the application, holding that the accused's Charter rights would be violated if he heard the case - The Crown appealed - The New Bruns­wick Court of Appeal allowed the appeal -There was no evidence justifying the use of the drastic remedy of a stay of proceed­ings in this case.

Cases Noticed:

R. v. Rahey, [1987] 1 S.C.R. 588; 75 N.R. 81; 78 N.S.R.(2d) 183; 193 A.P.R. 183, refd to. [para. 6].

R. v. Jewitt, [1985] 2 S.C.R. 128; 61 N.R. 159, refd to. [para. 6].

R. v. V.T., [1992] 1 S.C.R. 749; 134 N.R. 289; 7 B.C.A.C. 81; 15 W.A.C. 81, refd to. [para. 6].

R. v. O'Connor (H.P.), [1995] 4 S.C.R. 411; 191 N.R. 1; 68 B.C.A.C. 1; 112 W.A.C. 1, refd to. [paras. 7, 8, 9].

R. v. Blyth (D.) (1996), 173 N.B.R.(2d) 119; 441 A.P.R. 119 (C.A.), refd to. [para. 8].

Counsel:

Anthony Allman, Q.C., for the Crown;

David Joseph Woods, did not appear and was not represented.

This appeal was heard on June 11, 1996, by Rice, Ryan and Bastarache, JJ.A., of the New Brunswick Court of Appeal.

The following decision of the Court of Appeal was delivered on June 26, 1996, by Bastarache, J.A.