R. v. Traverse, 2021 NLCA 36

Robert Cletus Traverse (appellant) v. Her Majesty the Queen (applicant/respondent) (18/46) Indexed As: R. v. Traverse 2021 NLCA 36 6 C.A.N.L.R. 687 Court of Appeal of Newfoundland and Labrador Butler J.A. June 16, 2021

Summary: On November 9, 2017, Robert Traverse was convicted of sexual interference and breach of probation. On April 4, 2018, he was sentenced to 13 months imprisonment. On May 1, 2018, he filed a notice of appeal, subsequently amended on May 11, 2018. Mr. Traverse appeals both the conviction and the sentence. He failed to file his factum by the date set by this Court. As a result, on April 7, 2021, the Crown applied to strike Mr. Traverse’s appeal. Held: Mr. Traverse was directed to file his factum by July 30, 2021. Butler J.A.: Mr.

Traverse explained that the delay in perfecting the appeal was due to the difficulty retaining counsel, his frequent absences from home due to his career, and a recent family law matter requiring his attention. Mr. Traverse was directed to file his factum by July 30, 2021, failing which his appeal would automatically be struck without the necessity of a further appearance before the Court (paragraphs 8-10). Statutes considered: Criminal Code , sections 151 , 733.1(1) (

b) Sex Offender Information Registration Act , S.C. 2004, c. 10 Rules considered: Court of Appeal Criminal Appeal Rules (2002) , SI/2002-96, rule 10(2) (

a) Counsel: Appearing on his own behalf, the appellant; Sheldon Steeves, for the applicant/respondent. The application was heard and decision rendered orally on June 8, 2021 by Butler J.A. The following memorandum of disposition was filed on June 16, 2021 by Butler J.A. ______________________________________________________________ MEMORANDUM OF DISPOSITION

MEMORANDUM OF DISPOSITION Butler J.A.: [ 1 ] This was an application by the Crown to strike Mr. Traverse’s appeal pursuant to rule 10(2)(

a) of the Court of Appeal Criminal Appeal Rules (2002) , SI/2002-96 . [ 2 ] On November 9, 2017 Mr. Traverse was convicted of sexual interference pursuant to

section 151 of the Criminal Code and breach of probation pursuant to

section 733.1(1) (

b) of the Criminal Code . On April 4, 2018, he was sentenced to 13 months imprisonment with accompanying DNA, Probation, and Sex Offender Information Registration Act (“ SOIRA ”) Orders. [ 3 ] Mr. Traverse filed his Notice of Appeal on May 1, 2018, which was subsequently amended on May 11, 2018. He appeals both conviction and sentence. [ 4 ] The transcript of proceedings was filed on February 25, 2019 and the Crown filed the appeal book on March 27, 2019. [ 5 ] Status update hearings were held on December 3, 2019, January 28, 2020 and February 25, 2020.

The status hearing scheduled for March 31, 2020 was delayed due to COVID-19 to September 29, 2020 and the last status hearing was held on October 27, 2020. At this hearing, Mr. Traverse was directed to file his factum by December 4, 2020. [ 6 ] On November 30, 2020, Mr. Traverse filed a request for a two-month extension for the filing of his factum. This extension was granted. [ 7 ] The factum was not filed by February 4, 2021 as required and the Crown’s application to strike was filed on April 7, 2021. When the application was called on April 20, 2021 Mr.

Traverse sought a postponement to June 8, 2021, which was granted. [ 8 ] Mr. Traverse appeared at the hearing and acknowledged his delay in the perfection of his appeal. He attributes this to a difficulty in locating counsel, to his frequent absences from home in pursuit of his career as a crab fisherman and to recent family law problems requiring his attention. He requested until July 30, 2021 to file his factum. [ 9 ] While the Crown stressed that it has been two years since it filed its own factum and 8 months since this Court first directed Mr.

Traverse to file his factum, the Crown did not vigorously oppose an extension to July 30, 2021. [ 10 ] I therefore directed that Mr. Traverse file his factum by July 30, 2021 failing which his appeal will automatically be struck without the necessity of a further appearance. Appellant directed to file factum.