R. v. Bhandher

R. v. Bhandher

The judge allowed the Further Amended Notice of Application because the amendments either narrowed or clarified allegations, did not fundamentally change the nature of the Charter challenge, and any prejudice to the Crown could be addressed by a short adjournment or recalling witnesses; the accused must be permitted to fully advance his Charter challenge absent exceptional prejudice that cannot be remedied by less severe measures.

Citation
2010 BCSC 1980
Parties
Crown: Regina; Accused: Raminder Singh Bhandher
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 May 2010
Procedural Posture
Criminal First Degree Murder / Voir Dire on Admissibility of Statements; Application to Amend Notice of Application
Outcome
Further Amended Notice of Application granted in substitution for Original Notice of Application; specified amendments permitted
Legal Topics
Charter S.7, Charter S.9, Charter S.10, Charter S.24(2) Exclusion of Evidence, Admissibility of Statements, Trial Management, Amendment of Notice of Application
Source Language
English
Criminal Law Constitutional Law Charter S.7 Charter S.9 Charter S.10 Charter S.24(2) Exclusion of Evidence Admissibility of Statements Trial Management +1 more

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Parties

Regina

Crown

Raminder Singh Bhandher

Accused

Procedural Posture

Criminal First Degree Murder / Voir Dire on Admissibility of Statements; Application to Amend Notice of Application

Legal Issues

  1. 1 Whether accused's statements to police were voluntary
  2. 2 Whether police timing and conduct of arrest and detention breached Charter ss.7, 9 and 10
  3. 3 Whether failure to advise of counsel and refusal to transport to provincial correctional facility prevented access to counsel

Ratio Decidendi

The judge allowed the Further Amended Notice of Application because the amendments either narrowed or clarified allegations, did not fundamentally change the nature of the Charter challenge, and any prejudice to the Crown could be addressed by a short adjournment or recalling witnesses; the accused must be permitted to fully advance his Charter challenge absent exceptional prejudice that cannot be remedied by less severe measures.

Court Disposition

Further Amended Notice of Application granted in substitution for Original Notice of Application; specified amendments permitted

Orders

  • Further Amended Notice of Application filed in substitution for the Original Notice of Application is granted
  • Amendments to paragraphs 4, 6, 8, 9, 10, 11, 12 and amendment to paragraph 13 to add "and to counsel" are granted as set out in the oral ruling