R. v. Dubasz

R. v. Dubasz Collection Supreme Court Judgments Date 1994-11-10 Report [1994] 3 SCR 759 Case number 23978 Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank; Major, John C. On appeal from Alberta Subjects Criminal law Notes SCC Case Information: 23978 Decision Content R. v. Dubasz, [1994] 3 S.C.R. 759 Her Majesty The Queen Appellant v. William John Dubasz Respondent Indexed as: R. v. Dubasz File No.: 23978. 1994: November 10. Present: Sopinka, Gonthier, Cory, Iacobucci and Major JJ. on appeal from the court of appeal from alberta Criminal law ‑‑ Manslaughter ‑‑ Court of Appeal erring in setting aside conviction. APPEAL from a judgment of the Alberta Court of Appeal (1994), 149 A.R. 59, 63 W.A.C. 59, quashing the accused's conviction for manslaughter. Appeal allowed. Paul C. Bourque, for the appellant. David B. Mercer, for the respondent. The judgment of the Court was delivered orally by Sopinka J. ‑‑ For the reasons of Foisy J.A., dissenting, in the Court of Appeal, we agree that the majority of the Court of Appeal erred in setting aside the conviction. The appeal is allowed, the judgment of the Court of Appeal is set aside and the conviction at trial is restored. The matter is remitted to the Court of Appeal to deal with the appeal as to sentence. Judgment accordingly. Solicitor for the appellant: Paul C. Bourque, Edmonton. Solicitors for the respondent: Nickerson Roberts, Edmonton. …