2 total
The Attorney General of Canada has constitutional authority to prosecute conspiracies to violate the Narcotic Control Act.
The accused was convicted of conspiring to import drugs contrary to the Narcotic Control Act and the Criminal Code.
The Court of Appeal quashed the conviction, holding that the Attorney General of Canada lacked the constitutional authority to prefer the indictment.
The Supreme Court of Canada allowed the Crown's appeal, applying its previous decision in Hauser.
The Court held that the Attorney General of Canada has the power to institute proceedings for a conspiracy to violate a federal statute whose constitutional validity does not depend on the criminal law power.
Habeas corpus petition dismissed as jurisdictional issues could be raised on appeal.
The appellant, convicted of possession of a narcotic for the purpose of trafficking, filed an appeal and a petition for a writ of habeas corpus.
The Court of Appeal dismissed the habeas corpus petition on the basis that the alleged lack of jurisdiction of the trial court could have been raised by way of appeal.
The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that habeas corpus does not lie in these circumstances, noting that the legal issues would be addressed in the appellant's separate appeal on the merits.
