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), 2000 17047 (ON CA), 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.