Canada Judgment

Supreme Court of Canada

R. v. Van Haarlem

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Source document

01

Holding and result

Admission of the accused's conversation with the constable did not violate the s.7 right to silence, and the Court of Appeal properly admitted the conversation and ordered a new trial because the conversation might reasonably have affected the verdict.

Court disposition

Appeal dismissed; decision of the British Columbia Court of Appeal stands.

Orders

  • Appeal dismissed
  • New trial ordered
  • Conversation between the appellant and Constable McGimpsey to be admitted as evidence at retrial

02

Material facts

Parties

Gordon John Van Haarlem

Appellant Counsel: Brian A. Beresh

Her Majesty The Queen

Respondent Counsel: William F. Ehrcke

Amounts and remedies

  • Case Number: 22,492

03

Procedural history

  1. Posture

    Criminal Appeal (charter) / Appeal to the Supreme Court of Canada, as of Right

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that admission of his conversation with Constable McGimpsey violated his right to silence under s.7 of the Charter and that the evidence should have been excluded so as to prevent prejudice to the verdict.
Respondent
The Crown argued that no s.7 violation occurred, that the conversation was properly admissible, and that the Court of Appeal correctly ordered a new trial because the conversation might have affected the verdict.

05

Court’s reasoning

  1. 01

    Canadian Charter of Rights and Freedoms, s.7

    The right to silence is protected under s.7 of the Canadian Charter and must be assessed in relation to admission of compelled or coerced statements.

  2. 02

    British Columbia Court of Appeal decision (1991), 64 C.C.C. (3d) 543, 135 N.R. 379

    Evidence that may have affected the verdict with a reasonable degree of certainty justifies ordering a new trial.

  3. 03

    R. v. Van Haarlem, [1992] 1 S.C.R. 982

    Appellate courts may admit evidence and order a new trial where appellate review shows potential prejudice to the original verdict.

06

Ratio, limits and disposition

Ratio decidendi

Admission of the accused's conversation with the constable did not violate the s.7 right to silence, and the Court of Appeal properly admitted the conversation and ordered a new trial because the conversation might reasonably have affected the verdict.

Court disposition

Appeal dismissed; decision of the British Columbia Court of Appeal stands.

  • Appeal dismissed
  • New trial ordered
  • Conversation between the appellant and Constable McGimpsey to be admitted as evidence at retrial

Source and reliance status

Supreme Court of Canada · 27 April 1992

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 27 April 1992

[1992] 1 SCR 982

R. v. Van Haarlem Collection Supreme Court Judgments Date 1992-04-27 Report [1992] 1 SCR 982 Case number 22492 Judges La Forest, Gérard V.; Gonthier, Charles Doherty; McLachlin, Beverley; Stevenson, William; Iacobucci, Frank On appeal from British Columbia Subjects Constitutional law Notes SCC Case Information: 22492 Decision Content R. v. Van Haarlem, [1992] 1 S.C.R. 982 Gordon John Van Haarlem Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Van Haarlem File No.: 22492. 1992: April 27. Present: La Forest, Gonthier, McLachlin, Stevenson and Iacobucci JJ. on appeal from the court of appeal for british columbia Constitutional law ‑‑ Charter of Rights ‑‑ Fundamental justice ‑‑ Right to silence ‑‑ Evidence of accused's conversation with constable ‑‑ Court of Appeal's order to admit evidence not violating accused's s. 7 right to silence ‑‑ New trial properly ordered ‑‑ Canadian Charter of Rights and Freedoms, s. 7 . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, s. 7 . APPEAL from a judgment of the British Columbia Court of Appeal (1991), 64 C.C.C. (3d) 543, 135 N.R. 379, allowing an appeal from acquittal by Oppal J. Appeal dismissed. Brian A. Beresh, for the appellant. William F. Ehrcke, for the respondent. The judgment of the Court was delivered orally by //La Forest J.// La Forest J. -- It will not be necessary to hear from you Mr. Ehrcke.

The Court is ready to hand down judgment. The judgment will be pronounced by Justice Iacobucci. //Iacobucci J.// Iacobucci J. -- We are all of the view that this appeal, which comes to us as of right, should be dismissed. We agree with the British Columbia Court of Appeal that the appellant's right to silence under s. 7 of the Canadian Charter of Rights and Freedoms was not violated in this case, and that the Court of Appeal committed no error either in concluding that the appellant's conversation with Constable McGimpsey should have been admitted as evidence or in ordering a new trial on the ground that the conversation might, with a reasonable degree of certainty, have affected the verdict. Accordingly, the appeal is dismissed. Judgment accordingly. Solicitors for the appellant: Beresh DePoe Cunningham, Edmonton. Solicitor for the respondent: The Attorney General of British Columbia, Victoria.

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Authorities

Authorities used by the court

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

British Columbia Court of Appeal, (1991), 64 C.C.C. (3d) 543, 135 N.R. 379

Case cited

R. v. Van Haarlem, [1992] 1 S.C.R. 982

Case cited

Canadian Charter of Rights and Freedoms, s. 7

Legislation

Legislation referenced in the available case record.

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