Canada Judgment

Supreme Court of Canada

R. v. Babinski

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Source document

01

Holding and result

Majority held the accused's statement was properly excluded under s.24(2) for breach of the right to counsel, but exclusion did not mandate an acquittal; the Court affirmed the ordering of a new trial on other grounds stated by the Court of Appeal while upholding the trial judge's exclusion of the statement.

Court disposition

Appeal dismissed; new trial ordered; trial judge's exclusion of the accused's statement upheld by the majority.

Orders

  • Appeal dismissed.
  • New trial ordered.
  • Accused's statement excluded from evidence.

02

Material facts

Parties

Richard Raymond Babinski

Appellant/accused Counsel: Jack Gemmell

Her Majesty The Queen

Respondent/crown Counsel: Jay L. Naster

03

Procedural history

  1. Posture

    Criminal Appeal (charter Issues) / Appeal to the Supreme Court of Canada From the Ontario Court of Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant argued the statement was obtained in breach of the Charter right to counsel and that it was properly excluded by the trial judge; exclusion was required to protect Charter rights and the integrity of the administration of justice.
Respondent
Crown argued exclusion was improper and that the Court of Appeal correctly ordered a new trial; alternatively Crown sought a new trial despite exclusion of the statement.

05

Court’s reasoning

  1. 01

    Canadian Charter of Rights and Freedoms s.10(b)

    Right to counsel protects accused's entitlement to seek and obtain legal advice on arrest or detention

  2. 02

    Canadian Charter of Rights and Freedoms s.24(2) and established Supreme Court jurisprudence

    Evidence obtained in breach of Charter rights must be excluded if its admission would bring the administration of justice into disrepute

06

Ratio, limits and disposition

Ratio decidendi

Majority held the accused's statement was properly excluded under s.24(2) for breach of the right to counsel, but exclusion did not mandate an acquittal; the Court affirmed the ordering of a new trial on other grounds stated by the Court of Appeal while upholding the trial judge's exclusion of the statement.

Court disposition

Appeal dismissed; new trial ordered; trial judge's exclusion of the accused's statement upheld by the majority.

  • Appeal dismissed.
  • New trial ordered.
  • Accused's statement excluded from evidence.

Source and reliance status

Supreme Court of Canada · 4 November 1992

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Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 4 November 1992

[1992] 3 SCR 467

R. v. Babinski Collection Supreme Court Judgments Date 1992-11-04 Report [1992] 3 SCR 467 Case number 22622 Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Iacobucci, Frank On appeal from Ontario Subjects Constitutional law Notes SCC Case Information: 22622 Decision Content R. v. Babinski, [1992] 3 S.C.R. 467 Richard Raymond Babinski Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Babinski File No.: 22622. 1992: November 4. Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka and Iacobucci JJ. on appeal from the court of appeal for ontario Constitutional law ‑‑ Charter of Rights ‑‑ Admissibility of evidence ‑‑ Bringing administration of justice into disrepute ‑‑ Violation of right to counsel ‑‑ Accused's statement properly excluded. APPEAL from a judgment of the Ontario Court of Appeal (1991), 50 O.A.C. 341, 67 C.C.C. (3d) 187, 8 C.R.R. (2d) 378, allowing the Crown's appeal from the accused's acquittal on a charge of first degree murder* and ordering a new trial. Appeal dismissed. Jack Gemmell, for the appellant. Jay L. Naster, for the respondent. //Lamer C.J.// The judgment of the Court was delivered orally by Lamer C.J. ‑‑ We are ready to hand down judgment now. We agree with the Court of Appeal that a new trial should be held on the grounds stated by them, save for that relating to the admissibility of the statement,

Justice L'Heureux‑Dubé dissenting on this point only. We agree with the trial judge's decision to exclude it. L'Heureux‑Dubé J. agrees with the Court of Appeal that the statement was improperly excluded. The appeal is therefore dismissed. Judgment accordingly. Solicitor for the appellant: Jack Gemmell, Toronto. Solicitor for the respondent: The Ministry of the Attorney General, Toronto. * See Erratum [1993] 1 S.C.R. iv

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Babinski, [1992] 3 S.C.R. 467

Case cited

Canadian Charter of Rights and Freedoms s.10(b)

Legislation

Legislation referenced in the available case record.

Canadian Charter of Rights and Freedoms s.24(2)

Legislation

Legislation referenced in the available case record.

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