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Brown v. Baugh et al.

[1984] 1 SCR 192 Court SCC Decision date 1984-04-02 Docket 17296 English

PartiesPhilip Brown, an infant, by his guardian ad litem, Larry Brown Appellants·Vern R. Baugh and Allan Williams, Attorney General on behalf of Her Majesty The Queen in Right of the Province of British Columbia Respondents

Counsel (6)
G.J. McDade, for the appellants.
I.G. Whitehall, Q.C., and P. Partridge, for the respondent Baugh.
Richard H. Vogel, Q.C., for the respondent Williams.
Solicitors for the appellants: Peyton & McDade, Kelowna.
Solicitor for the respondent Baugh: The Department of Justice, Vancouver.
Solicitor for the respondent Williams: The Ministry of the Attorney General for the Province of British Columbia, Victoria.

Judges Dickson, Robert George Brian; Beetz, Jean; McIntyre, William Rogers; Chouinard, Julien; Wilson, Bertha

Delivered by Majority

On appeal from British Columbia

Subjects Criminal law

Contents

The judgment of Dickson, Beetz, Mclntyre and Chouinard JJ. was delivered by

The Plaintiff, Philip Brown, is a male born October 27, 1963, and therefore was 16 years of age and a child pursuant to the Juvenile Delinquents Act on March 19, 1980, the relevant time in this action.
The Defendant, Vern R. Baugh, is a member of the Royal Canadian Mounted Police, holding rank of Sargeant, stationed at Kelowna, B.C.
The Defendant, Allan Williams, is the Attorney-General of the Province of British Columbia, and as such was charged with the responsibility under the Police Act, R.S.B.C. 1974, Chapter 64, as amended on March 19, 1980.
On March 19, 1980, the Plaintiff was properly arrested and charged with a delinquency under the Juvenile Delinquents Act, to wit: unlawfully having in his possession a motor vehicle of a value exceeding $200.00, the property of Inland Gas Company Ltd., knowing that the said motor vehicle was obtained by the commission of an offence punishable by indictment; which relates to an indictable offence under the Criminal Code.
Sargeant Baugh requested fingerprints from the Plaintiff, the Plaintiff was allowed legal counsel, after which the juvenile denied his consent to fingerprints.
Pursuant to instructions from the Defendant, the Attorney-General of British Columbia, Sargeant Baugh proceeded to take the fingerprints of the Plaintiff, which he so took in good faith and with reasonable care using no more force than was reasonably necessary for that purpose.
That at all material times the Plaintiff was in lawful custody.

Statutes and regulations cited