R. v. J.B.

R. v. J.B.

The lost 1987 notes and 1997 videotape resulted from human error and improper retention practice but did not amount to unacceptable negligence or intentional destruction; sufficient alternate evidence (Inspector Head's notes, 2011 statement, preliminary inquiry testimony and trial evidence) existed so that the...

Source-derived case information.

Citation
2015 NSSC 126
Parties
Crown: Her Majesty the Queen; Accused: J.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 April 2015
Procedural Posture
Criminal / Voir Dire on Charter Motion (lost Evidence) and Trial; Decision Reserved and Delivered After Voir Dire
Outcome
Charter motion denied; guilty findings entered on all counts
Legal Topics
Sexual Assault, Historical Sexual Offences, Lost Evidence, Disclosure Obligations, Charter S.7 (right to Make Full Answer and Defence), Abuse of Process, Consent, Retention and Destruction of Evidence, Stay of Proceedings, Credibility Assessment
Source Language
english
Criminal Law Constitutional Law Evidence Law Sexual Assault Historical Sexual Offences Lost Evidence Disclosure Obligations Charter S.7 (right to Make Full Answer and Defence) +5 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

J.B.

Accused

Procedural Posture

Criminal / Voir Dire on Charter Motion (lost Evidence) and Trial; Decision Reserved and Delivered After Voir Dire

Legal Issues

  1. 1 Whether loss of a 1987 written statement and a 1997 videotaped statement by the RCMP violated the accused's s.7 right to make full answer and defence
  2. 2 Whether the loss amounted to unacceptable negligence or abuse of process requiring a stay of proceedings
  3. 3 Whether available records and testimony cured any prejudice from the lost evidence

Ratio Decidendi

The lost 1987 notes and 1997 videotape resulted from human error and improper retention practice but did not amount to unacceptable negligence or intentional destruction; sufficient alternate evidence (Inspector Head's notes, 2011 statement, preliminary inquiry testimony and trial evidence) existed so that the accused's s.7 right to make full answer and defence was not fundamentally impaired; therefore a stay was not warranted and convictions could be entered after the Crown proved the essential elements beyond a reasonable doubt.

Court Disposition

Charter motion denied; guilty findings entered on all counts

Orders

  • Charter motion denied
  • Guilty finding entered for indecent assault (s.156) for touching when complainant was under 14