CANADA

PROVINCE OF BRITISH COLUMBIA

In the Provincial Court of British Columbia

(Before the Honourable Judge Kay)

REGINA

v.

JASON LALANCETTE

PROCEEDINGS AT

(Adjournment)

APPEARANCES:

Proceedings

16 January 2001
Victoria, B.C.

THE CLERK: Calling numbers 23 and 24, a federal matter, Jason Lalancette, information 112479 and a C information.

MR. JONES: Good day, Your Honour. Brian Jones, appearing for the Crown.

THE COURT: Thank you.

MR. JONES: I direct a stay on the original information.

THE COURT: Thank you. And you are proceeding on 112479-C --

MR. JONES: I am.

THE COURT: -- is that correct? And --

THE CLERK: Sorry, that was previously done. That's my [indiscernible/paper rustling].

THE COURT: Ah. And this is a first appearance, is it?

MR. JONES: First appearance on the C, but there's been a number of appearances on the original. However, it's -- I should note the Crown is electing -- summary procedure is the election on this.

THE COURT: Thank you. Which of you is Mr. Lalancette?

THE ACCUSED: I am. He's my representative.

DAVID PARSONS: I'm David Parsons. Mr. Lalancette has asked me to represent him and speak for him at these hearings.

THE COURT: Well, is there going to be a hearing this morning, Mr. Parsons?

DAVID PARSONS: Well, there seems to be a problem here because according to Judge MacAlpine there has been an election in this matter.

MR. JONES: I think that may have been on the prior information.

THE COURT: All right.

MR. JONES: There's a new information now.

THE COURT: All right.

DAVID PARSONS: There's a new information --

MR. JONES: And --

DAVID PARSONS: -- and this is his first appearance on that new information --

MR. JONES: That's correct.

DAVID PARSONS: -- is that correct?

MR. JONES: And the --

DAVID PARSONS: Okay.

MR. JONES: What we're here to do today is to enter a plea of guilty or not guilty, and if it's not guilty we can then fix a trial date.

DAVID PARSONS: Yeah. There's a matter that should be brought up here at this point. There's a notice of motion to the court.

MR. JONES: Yes.

THE COURT: Should we stand the matter down, Mr. Jones?

MR. JONES: Yes, that would be good. I'll just --

THE COURT: Thank you. We will stand the matter down and recall it. Thank you.

MR. JONES: -- give me time to consider this. Thank you.

(PROCEEDINGS ADJOURNED)
(PROCEEDINGS RECONVENED)

THE CLERK: Recalling number 23, a federal matter, Jason Lalancette.

THE COURT: Thank you.

MR. JONES: Your Honour, Mr. Parsons has shown me a notice of motion which he asked to be filed. This is a request that the trial proceed in the English language, a request for an order to that effect, and I am certainly consenting if an order is required, and I don't see any reason why we shouldn't have that go.
    Mr. Parsons has also raised the issue of a potential section 8 Charter challenge and he wishes an order to go unsealing the information to obtain and the search warrant. I would consent to the usual order where Crown is afforded an opportunity to edit out any aspects it wishes and then the matter can then go forward.
    I don't have an order with me. I wasn't expecting this application. So, I will file an order. I'll -- and I'll contact Mr. Parsons and I'm sure he'll want to consent. And while that's pending, Mr. Parsons asks on behalf of Mr. Lalancette for a further adjournment and I have no objection to that.

THE COURT: Thank you. It is an unusual notice of motion given that the predominant language in Victoria is English, but I will certainly grant the application that the trial proceed in the English language and we will adjourn it one week.

MR. JONES: One week should be sufficient, if that's all right with Mr. Parsons?

DAVID PARSONS: Yes.

THE COURT: One week to allow the Crown to look through the information to obtain and the search warrant and take the necessary steps or -- with respect to those documents.

DAVID PARSONS: Yes. Excellent. And --

THE COURT: Thank you. One week today is the 23rd of January at nine-thirty in this courtroom.

MR. JONES: Thank you very much.

THE COURT: Thank you.

(PROCEEDINGS ADJOURNED TO 23 JANUARY 2001 AT 9:30 A.M.)

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