Gérard V. La Forest

The appellant appealed a decision of the Ontario Court of Appeal regarding whether a trial court loses jurisdiction over an indictment when it fails to proceed at the time set for trial.

The Supreme Court of Canada dismissed the appeal, holding that reasonable procedural latitude is desirable in proceedings pursuant to indictment.

The Court concluded that there is no loss of jurisdiction when a trial court fails to proceed at the scheduled time, absent unconstitutional conduct.

The appellant appealed his conviction for uttering a threat of death by telephone.

He had telephoned police headquarters and threatened a police officer.

The issue was whether these telephone calls constituted 'private communications' under s. 178.1 of the Criminal Code.

The Supreme Court of Canada dismissed the appeal, holding that a message to a police station to convey a threat to a police officer cannot reasonably be considered a private communication.