Julien Chouinard

The Crown applied for certiorari to quash decisions made by a County Court Judge after his resignation.

The judge had heard several summary conviction appeals before retiring, and rendered decisions within eight weeks after his resignation pursuant to provincial legislation.

The Supreme Court of Canada held that the provincial legislation validly applied to summary conviction appeals, as it related to the constitution and organization of provincial courts under s. 92(14) of the BNA Act.

However, for one accused whose case the judge had not heard prior to retirement, the judge lacked jurisdiction to impose sentence.