Supreme Court
Decision Information
Summary: Application for an order directing that the trial of the respondent be held at some convenient place other than Fort Resolution
Abstract: Application by accused 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, Applicant - and -
EDWARD LAWRENCE BEAULIEU, 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 Application for an Order directing that the Trial of the Respondent be held at some convenient place other than Fort Resolution Application heard at Yellowknife March 11, 1977 Judgment of the Court Filed March 16, 1977 Order Granted
Counsel on the Hearing; Mr. O. J. T. Troy, Q.C. for the Crown (Applicant)
Mr. N. Sibbeston; for the Respondent
Reasons for Judgment of: The Honourable Mr. Justice C F. Tallis ^
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES BETWEEN: HER MAJESTY THE QUEEN, Applicant - and -
EDWARD LAWRENCE BEAULIEU, Respondent AND IN THE MATTER OF AN APPLICATION BY THE CRÔ ^̂ N 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. N. Sibbeston, 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 Edward Lawrence Beaulieu be held in a place other than Fort Resolution, Northwest Territories. The Accused (Respondent) has been charged with the following counts in an indictment: ^^
- 2 -^ "COUNT #1 did, knowing a cheque for Fifty Dollars ($50.00) in the name of • Edward Lawrence Beaulieu to be forged, cause the Hudson's Bay Company to act upon such cheque as if it were genuine, contrary to Section 326(1) of the Criminal . Code. COUNT #2 did, knowing a cheque for Fifty-five Dollars ($55.00) in the name of Edward Lawrence Beaulieu to be forged, cause the Hudson's Bay Company to act upon such cheque as if it were genuine, contrary to Section 326(1) of the Criminal Code." This Application came on before me at Yellowknife on Friday March llth and at that time Counsel indicated that the matter could be dealt with on the same basis that was decided by this Court in Regina v. Steve Jim Lafferty. I have now delivered written Reasons for Judgment in the Lafferty case and in my opinion the Reasons for Judgment in that case are equally applicable to this Application. I accordingly order and direct that the trial of the accused Edward Lawrence Beaulieu 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