Stevenson v. The Queen

Stevenson v. The Queen
Collection
Supreme Court Judgments
Date
1983-02-09
Report
[1983] 1 SCR 241
Case number
16003, 16004
Judges
Laskin, Bora; Ritchie, Roland Almon; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Wilson, Bertha
On appeal from
New Brunswick
Subjects
Criminal law
Decision Content
Supreme Court of Canada
Stevenson v. The Queen, [1983] 1 S.C.R. 241
Date: 1983-02-09
Clifford Robert Sacobie and Gordon Joseph Paul Appellants;
and
Her Majesty The Queen Respondent;
and
The Attorney General of Canada, the Attorney General for Ontario and the Attorney General for Alberta Interveners.
Donald William Stevenson Appellant;
and
Her Majesty The Queen Respondent;
and
The Attorney General of Canada, the Attorney General for Ontario and the Attorney General for Alberta Interveners.
File Nos.: 16003 and 16004.
1983: February 9.
Present: Laskin C.J. and Ritchie, Beetz, Estey, Mclntyre, Chouinard and Wilson JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR NEW BRUNSWICK
Criminal law—Procedure—Enforcement of non-criminal federal statutes—Offences under the Fisheries Act—Offences under the Narcotic Control Act—Whether provincial Attorney General or any other person entitled to lay an information charging a violation—Whether provincial Attorney General entitled to prosecute.
APPEAL from a judgment of the Court of Appeal for New Brunswick (1979), 28 N.B.R. (2d) 288, 63 A.P.R. 288, 51 C.C.C. (2d) 430, setting aside a judgment of the Provincial Court (1979), 27 N.B.R. (2d) 232, 60 A.P.R. 232, dismissing the information against the appellants Sacobie and Paul. Appeal dismissed.
APPEAL from a judgment of the Court of Appeal for New Brunswick (1979), 28 N.B.R. (2d) 306, 63 A.P.R. 306, affirming a judgment of the Supreme Court, Queen’s Bench Division (1979), 26 N.B.R. (2d) 581, 55 A.P.R. 581 granting a Crown’s application for an order of mandamus to compel the trial judge to proceed with the charge against the appellant Stevenson. Appeal dismissed.
Gary Miller and David Lutz, for the appellants.
Robert Murray, for the respondent.
Graham Garton, for the intervener the Attorney General of Canada.
John Cavarzan, Q.C., for the intervener the Attorney General for Ontario.
Wm. Henkel, Q.C., for the intervener the Attorney General for Alberta.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We are all of the opinion that the appeals fail and must be dismissed. We do not think that there is here any constitutional question and we agree with the conclusions reached on construction by the New Brunswick Court of Appeal. There will be no order as to costs.
Judgment accordingly.
Solicitors for the appellants: Gary A. Miller and J. Brian Neill, Fredericton.
Solicitor for the respondent: Robert Murray, Fredericton.
Solicitor for the intervener the Attorney General of Canada: R. Tassé, Ottawa.
Solicitor for the intervener the Attorney General for Alberta: R.W. Paisley, Edmonton.
Solicitor for the intervener the Attorney General for Ontario: Archie G. Campbell, Toronto.