R. v. Deane, [2001] 1 S.C.R. 279, 2001
SCC 5
Kenneth Deane Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Deane
Neutral citation: 2001 SCC 5.
File No.: 27776.
2001: January 26.
Present: McLachlin C.J. and L’Heureux‑Dubé,
Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.
on appeal from the court of appeal for ontario
Criminal law – Appeal – No substantial wrong or
miscarriage of justice – Police officer charged with criminal negligence
causing death -- Police officer’s statement to commanding officer admitted into
evidence without voir dire -- Whether Court of Appeal erred in applying
curative proviso -- Criminal Code, R.S.C. 1985, c. C-46, s. 686(1) (b)(iii).
Statutes and Regulations Cited
Criminal Code, R.S.C. 1985, c. C-46, s. 686(1) (b)(iii).
APPEAL from a judgment of the Ontario Court of Appeal
(2000), 143 C.C.C. (3d) 84, 129 O.A.C. 335, [2000] O.J. No. 403 (QL),
dismissing the accused’s appeal from his conviction of criminal negligence
causing death. Appeal dismissed.
Alan D. Gold and Maureen
J. McGuire, for the appellant.
Milan Rupic, for the
respondent.
The judgment of the Court was delivered orally by
1
The Chief Justice — This
appeal comes to us as of right. Assuming without deciding that a voir dire
should have been held, we all agree that this is a proper case to apply the
proviso of s. 686(1) (b)(iii) of the Criminal Code .
2
The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Gold & Fuerst, Toronto.
Solicitor for the respondent: The Ministry of the
Attorney General, Toronto.
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