R. v. Woods (E.J.), (2015) 608 A.R. 284 (PC)

• Judge: Lepp, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 27, 2015
• Citations: (2015), 608 A.R. 284 (PC);2015 ABPC 23

R. v. Woods (E.J.) (2015), 608 A.R. 284 (PC)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MR.038

Her Majesty the Queen (respondent/Crown) v. Eugene John Woods (applicant/accused) and Chief of Police, Edmonton Police Service (intervenor)

(091086637P1; 2015 ABPC 23)

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

Alberta Provincial Court

Lepp, P.C.J.

February 3, 2015.

Summary:

The accused, charged with sexual assaulting A.H., requested that the Crown inquire into to the existence of any records respecting A.H.'s alleged drug use, sex trade work, and her general credibility. The Crown had already disclosed her criminal record, and information that there were no outstanding charges and that she had a sealed youth record. The Crown refused to make the requested inquiries, arguing that it was a "fishing expedition". The accused alleged an infringement of his s. 7 Charter right to make full answer and defence.

The Alberta Provincial Court dismissed the application. The request to conduct inquiries was speculative and unfounded. The accused failed to overcome the hurdle of showing that the information actually existed and was relevant.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 129

Rights of accused - Right to discovery or production (disclosure) - [See Criminal Law - Topic 4505 ].

Criminal Law - Topic 689

Sexual offences - Evidence - Sexual conduct or character of complainant - [See Criminal Law - Topic 4505 ].

Criminal Law - Topic 4505

Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial - The accused, charged with sexual assaulting A.H., requested that the Crown inquire into to the existence of any records respecting A.H.'s alleged drug use, sex trade work, and her general credibility - The Crown had already disclosed her criminal record, and information that there were no outstanding charges and that she had a sealed youth record - The Crown refused to make the requested inquiries, arguing that it was a "fishing expedition" - The accused alleged an infringement of his s. 7 Charter right to make full answer and defence - The Alberta Provincial Court dismissed the application - The request to conduct inquiries was speculative and unfounded - The accused failed to overcome the hurdle of showing that the information actually existed and was relevant.

Criminal Law - Topic 5371

Evidence and witnesses - Documents and reports - Documents in possession of Crown - [See Criminal Law - Topic 4505 ].

Cases Noticed:

R. v. Mills (B.J.), [1999] 3 S.C.R. 668; 248 N.R. 101; 244 A.R. 201; 209 W.A.C. 201, refd to. [para. 11].

R. v. Quesnelle (V.) (2014), 460 N.R. 27; 320 O.A.C. 37; 2014 SCC 46, refd to. [para. 11].

R. v. Gingras (1992), 120 A.R. 300; 8 W.A.C. 300 (C.A.), refd to. [para. 13].

R. v. Levin (A.) (2014), 572 A.R. 382; 609 W.A.C. 382; 2014 ABCA 142, refd to. [para. 13].

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161, refd to. [para. 15].

R. v. McNeil (L.), [2009] 1 S.C.R. 66; 383 N.R. 1; 246 O.A.C. 154; 2009 SCC 3, refd to. [para. 16].

R. v. Arsenault (J.) (1994), 153 N.B.R.(2d) 81; 392 A.P.R. 81 (C.A.), refd to. [para. 17].

R. v. Chaplin (D.A.) et al. (1994), 178 N.R. 118; 162 A.R. 272; 83 W.A.C. 272 (S.C.C.), refd to. [para. 20].

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. [para. 21].

Counsel:

T. Engel, for the applicant/accused;

C. Washenfelder, for the respondent/Crown;

K.M. Haymond, for the intervenor.

This application was heard on January 27, 2015, at Edmonton, Alberta, before Lepp, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on February 3, 2015.