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Saskatchewan Judgments
Record 14 of 40
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LUCAS V. SASKATCHEWAN (MINISTER OF JUSTICE)
QB94191
Date of Judgment: April 14, 1994
Number of Pages: 4
Q.B. A.D. 1994
No. 478 J.C. S.
IN THE QUEEN'S BENCH
JUDICIAL CENTRE OF SASKATOON
BETWEEN:
JOHN DAVID LUCAS and JOHANNA ERNA LUCAS
APPLICANTS
- and -
HER MAJESTY THE QUEEN, THE MINISTER OF JUSTICE FOR SASKATCHEWAN and THE MINISTER OF JUSTICE CANADA
RESPONDENTS
AND
Q.B. A.D. 1994
No. 479 J.C. S.
IN THE QUEEN'S BENCH
JUDICIAL CENTRE OF SASKATOON
BETWEEN:
JOHN DAVID LUCAS and JOHANNA ERNA LUCAS
APPLICANTS
- and -
HER MAJESTY THE QUEEN
RESPONDENTS
R. Parker for the applicants
W. K. Tucker, Q.C. for the Crown
FIAT BARCLAY J.
April 14, 1994
John David Lucas ("Lucas") has applied to quash the
order of Judge Albert Lavoie made at a preliminary hearing on
February 8, 1994 in the Provincial Court in Saskatoon,
Saskatchewan, committing him to stand trial on a charge that
he committed a defamatory libel against Sergeant Brian Dueck
of the Saskatoon City Police contrary to ss. 300 and 301 of
the Criminal Code.
The grounds of the application may be summarized as
follows:
1. Judge Albert Lavoie was biased.
2. Lucas did not receive proper disclosure from the prosecutor.
In my view there is no merit to either of these grounds.
I have read the preliminary and there is not a
scintilla of evidence to suggest that either the Provincial
Court judge was biased or that there was an apprehension of
bias.
As to the complaint about disclosure Lucas appears to
admit that he received full disclosure with respect to the
defamatory libel charge and that his complaint is with respect
to an ongoing investigation of another potential offence.
Furthermore, in an application to quash a committal
for trial there is only one ground for action by the reviewing
court and that is lack of jurisdiction. See Dubois v. R.
(1986), 25 C.C.C. (3d) 221.
This application stands dismissed.
Lucas also applies for an order quashing certain
conditions of a recognizance issued at the preliminary hearing
of February 7, 1994, which conditions are as follows:
A) . . . PICKETING OF ANY KIND OR CARRYING PLACARDS OR
POSTERS OF ANY KIND OR IN ANY MANNER PUBLICALLY COMMENTING IN
ANY CASES OR INVESTIGATIONS INVOLVING CHILD SEXUAL ABUSE;
B) CREATING ANY PLACARD, POSTER OR SIGN INSIDE OR OUTSIDE
THE RESIDENCE OF THE ACCUSED OR ACCOMPANYING ANY PERSON
CARRYING OR PICKETING WITH ANY POSTER, PLACARD OR SIGN
COMMENTING ON ANY CASES OR INVESTIGATIONS INVOLVING CHILD
SEXUAL ABUSE;
C) PUBLIC COMMENT ON ANY CASES OR INVESTIGATIONS INVOLVING
CHILD SEXUAL ABUSE OR CREATING ANY DOCUMENT FOR THE PURPOSE OF
ASSISTING ANY OTHER PERSON TO PUBLICALLY COMMENT OR (SIC)
CASES OR INVESTIGATIONS INVOLVING CHILD SEXUAL ABUSE;
D) PERMITTING OR ALLOWING ANY PERSON TO USE ANY FAX MACHINE,
WORD PROCESSOR, OR TYPEWRITER OR ANY ARTICLE IN THE HOUSE OF
THE ACCUSED TO PRODUCE ANY DOCUMENTS, SIGN, PLACARD OR POSTER
FOR THE PURPOSES OF PUBLICALLY COMMENTING ON CASES OR
INVESTIGATION INVOLVING CHILD SEXUAL ABUSE;
E) USE BY THE ACCUSED OR ANYONE ELSE OF THE FACSIMILE
TELEPHONE MACHINE IN THE RESIDENCE OF THE ACCUSED TO SEND ANY
MESSAGE REFERRING TO CHILD SEXUAL ABUSE CASES EXCEPT FOR THE
PURPOSES OF THE ACCUSED COMMUNICATING WITH THE LAWYER OF THE
ACCUSED.
After reviewing the court proceedings and in
particular the transcript of the bail hearing I am satisfied
that the conditions imposed by Nutting P.C.J. are justified.
The learned Provincial Court judge, after hearing evidence and
submissions exercised his discretion. In my view he did not
make an error in law or erred in his application of the facts
and it would therefore be improper for this Court to
substitute my discretion for the discretion exercised by the
learned Provincial Court judge. The application is also
dismissed.
J.
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