DATE: 20030912
DOCKET: C39020

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and– CECIL DECORTE (Appellant)

BEFORE:

CATZMAN, ABELLA and GILLESE JJ.A.

COUNSEL:

Irwin Koziebrocki for the appellant

Michal Fairburn for the respondent

HEARD & ENDORSED:

September 12, 2003

On appeal from the conviction and sentence entered by Justice Robert E. Zelinski of the Superior Court of Justice, sitting without a jury, dated April 3, 2002.

APPEAL BOOK ENDORSEMENT

[1] The decision of this court in R. v. Stephens (1995), 102 C.C.C. (3d) 416 is dispositive of this case, from which it is indistinguishable in principle. The First Nations constables in the case at bar had jurisdiction arising from the Police Services Act and their appointment by the Commissioner of the O.P.P. Accordingly, the appeal is dismissed.