Court of Appeal for Ontario

Citation: R. v. Scrivanich, 2009 ONCA 721

Date: 2009-10-15

Docket: C48002

Between:

Her Majesty the Queen

Respondent

and

Robert Scrivanich

Appellant

Before: Laskin, Blair and Watt JJ.A.

Counsel:

Catriona Verner, for the appellant

Susan L. Reid, for the respondent

Heard and released orally: October 5, 2009

On appeal from the decision of the summary conviction appeal court, dated November 6, 2007 by Justice Alexander Sosna of the Superior Court of Justice, dismissing the appeal from conviction entered on May 6, 2005 by Justice Donald J. Halikowski of the Ontario Court of Justice.

ENDORSEMENT

[1] On the dangerous driving conviction, in our view, the McNeil inquiry made by the Crown and the results of that inquiry meet the Palmer test and are properly before us. The inquiry asked whether any of the officers participating in the incident had a Criminal Code, CDSA or police misconduct record. Only Constable Wright had a record and his record consisted of a single finding of insubordination for refusing to give a statement to officers investigating other drug cases.

[2] That single finding of insubordination would not have affected the trial judge’s assessment of Constable Wright’s credibility. Therefore, it would not have tainted the trial judge’s finding that it was the appellant who was driving the van dangerously.

[3] Accordingly, although leave to appeal is granted, the appeal from the conviction for dangerous driving is dismissed.

[4] On the drug convictions, we do not read the reasons of the summary conviction appeal court judge to have said that there was no evidence of continuity. Indeed, the evidence of Officers George and Rutherford shows some evidence of continuity.

[5] Accordingly, we are not persuaded that we should enter acquittals on the drug offences. The order for a new trial of those offences stands.

“John Laskin J.A.”

“R.A. Blair J.A.”

“David Watt J.A.”