Supreme Court
Decision Information
Abstract: Application by Crown for change of venue
Decision: Application allowed
Keywords: Change of venue
Decision Content
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES BETWEEN: HER MAJESTY THE QUEEN, ^ff-- and -
WILLIAM ROBERT NORN, Respondent AND IN THE MATTER OF AN APPLICATION BY THE CROWN ATTORNEY OF THE NORTH-WEST TERRITORIES FOR AN ORDER CHANGING THE PLACE OF THE TRIAL IN RESPECT TO THE RESPONDENT HEREIN pplication for an Order d i r e c t i n g tha t the Tr ia l of the Respondent e held a t some convenient place other than Fort Resolution V"-pplication heard a t For t Resolution, March 7, 1977
udgment of the Court f i l ed Apri l 1, 1977 trder Granted IE mnsel on the Hearing; Mr. 0. J . T. Troy, Q.C. for the Crown (Applicant) Mr. G. Pr ice for the Respondent
asons for Judgment of; The Honourable Mr. J u s t i c e C F. T a l l i s
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES BETWEEN: HER MAJESTY THE QUEEN, Applicant - and -
WILLIAM ROBERT NORN, Respondent AND IN THE MATTER OF AN APPLICATION BY THE CROWN ATTORNEY OF THE NORTH-WEST TERRITORIES FOR AN ORDER CHANGING THE PLACE OF THE TRIAL IN RESPECT TO THE RESPONDENT HEREIN Counsel on the Hearing: Mr. 0. J. T. Troy, Q.C, for the Crown (Applicant) Mr. G. Price, for the Respondent REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE C F. TALLIS This is an application on behalf of the Crown for an Order directing that the trial, by jury, of the Respondent accused William Robert Norn be held in a place other than Fort Resolution, Northwest Territories. The accused (Respondent) has been charged in an indictment that: "William Robert Norn on or about the 2nd day of May, A.D., 19 76, at or near Fort Resolution in the Northwest Territories did unlawfully have sexual intercourse with Marie Sayine a female person who was not his wife, without her consent, contrary to Section 144 of the Criminal Code."
IPEJ - 2 -This Application came on before me at Fort Resolution on Monday, March 7th and at that time I heard several other applications of a similar nature. I have now delivered written Reasons for Judgment in the case of Regina v. Steve Jim Lafferty. In this particular case he Respondent strenuously argued that the circumstances are quite different from the Lafferty case. I have carefully reviewed the evidence on this application and particularly the oral evidence of Corporal Madrigga that was given in Fort Resolution. After carefully considering this matter I have concluded that it does appear expedient to the ends of justice to direct that the trial of this accused be held at a place other than Fort Resolution. In coming to this conclusion I have also had the opportunity to consider the oral judgment of Osler, J. in Regina v. George Ross Davidson delivered on February 21, 1977 in Toronto Weekly Court. I accordingly order and direct that the trial of the accused William Robert Norn be held at Hay River in the Northwest Territories. Pursuant to Section 527(2) of the Criminal Code I also make an order directing payment by the Crown to the Accused of any travelling expenses caused to the accused and his witnesses as a result of this order changing the place of the trial. Leave is reserved to Counsel to apply for further directions with respect to payment of these additional expenses.
»1 _ • 3 -I should also add that in the light of this Order, there is now a heavy responsibility placed on the R. C M. P. Detachment at Fort Resolution, Northwest Territories to ensure that all witnesses are in attendance at the opening of this trial, once the date has been fixed. Dated at Yellowknife, Northwest Territories this Ist day of April, A.D. 1977.
^ / C F. Tallis, J.S.C,