Timothy Robert Probe v. Her Majesty the Queen

(Saskatchewan) (Criminal) (By Leave)


Criminal law — Offences — Elements of offence — Breach of trust — Appeals — Actus reus of breach of trust — Relevance of possible code set out in policy or statute to proof of breach of trust — Onus on Crown counsel in appeal from acquittal?


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Mr. Probe was a councillor and deputy reeve of the Rural Municipality of Sherwood No. 159. He was charged with breach of trust by a public officer contrary to s. 122 of the Criminal Code and municipal corruption contrary to s. 123(1)(c) of the Criminal Code. Crown counsel alleged that Mr. Probe attempted to convince the municipality’s reeve to lobby other members of the municipal council in connection with a motion that, if passed, would have asked Mr. Probe to repay legal fees paid on his behalf by the municipality. Crown counsel alleged that Mr. Probe linked his willingness to compromise on another issue to the reeve’s willingness to undertake this lobbying effort. The trial judge acquitted Mr. Probe on both counts. Crown counsel appealed the acquittal on the charge of breach of trust by a public officer. The Court of Appeal granted the appeal and ordered a new trial.

Lower Court Rulings

June 7, 2018
Court of Queen’s Bench of Saskatchewan

2018 SKQB 176 ;, CRM 215 of 2017
Acquittals on charges of municipal corruption and breach of trust by a public officer
January 8, 2020
Court of Appeal for Saskatchewan

2020 SKCA 5 ;, CACR3146 ;
Appeal allowed, new trial ordered on charge of breach of trust by a public officer