R. v. Paternak, [1996] 3 S.C.R. 607

Corey David Paternak Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Paternak

File No.: 24877.

1996: November 8.

Present: Sopinka, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for alberta

Constitutional law ‑‑ Charter of Rights ‑‑ Right to counsel ‑‑ Accused should have been rewarned of right to counsel when there was a substantial change in his jeopardy ‑‑ Canadian Charter of Rights and Freedoms, s. 10(b).

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, s. 10(b).

APPEAL from a judgment of the Alberta Court of Appeal (1995), 1995 ABCA 356, 33 Alta. L. R. (3d) 71, 174 A.R. 129, 102 W.A.C. 129, 101 C.C.C. (3d) 452, 42 C.R. (4th) 292, allowing the Crown’s appeal from the acquittal of the accused on a charge of manslaughter and ordering a new trial. Appeal allowed.

Anil K. Kapoor, for the appellant.

Jack Watson, Q.C., for the respondent.

The judgment of the Court was delivered orally by

[1] Sopinka J. ‑‑ We are of the opinion that the appellant’s rights under s. 10(b) of the Canadian Charter of Rights and Freedoms were violated in that the appellant should have been rewarned concerning his right to counsel when there was a substantial change in his jeopardy. This occurred when the police officer concluded that the appellant had committed the offence and advised the appellant accordingly.

[2] The appeal is allowed, the judgment of the Court of Appeal is set aside and the acquittal is restored.

Judgment accordingly.

Solicitor for the appellant: Anil K. Kapoor, Toronto.

Solicitor for the respondent: The Attorney General for Alberta, Edmonton.