Supreme Court of Canada

Walden v. The Queen, [1980] 2 S.C.R. 365

Date: 1980-12-03

Frank Walden Appellant;

and

Her Majesty The Queen Respondent.

1980: December 3.

Present: Martland, Ritchie, Estey, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Criminal law—Jurisdiction—Alleged contravention of s. 3(1) of the Postal Services Continuation Act, 1978 (Can.), c. 1—Charge of contravening Act of Parliament—Whether any evidence before trial judge on which jury might reasonably conclude charge proved—Criminal Code, R.S.C 1970, c. C-34, s. 115(1).

APPEAL by the accused from a judgment of the Court of Appeal for British Columbia[^1], allowing the Crown’s appeal from a directed verdict of acquittal on a charge under s. 115(1) of the Criminal Code[^2] and directing that a new trial be held. Appeal dismissed.

S. Rush, for the appellant.

M.M. de Weerdt, Q.C., and W. Heinrich, for the respondent.

The judgment of the Court was delivered orally by

MARTLAND J.—We are all in agreement with the specific reasons stated by McFarlane J.A. in the Court of Appeal for allowing the Crown’s appeal to that Court. Accordingly the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: Stuart Rush, Vancouver.

Solicitor for the respondent: Roger Tassé, Ottawa.

[^1]: Not yet reported.

[^2]: (1979), 1979 414 (BC SC), 8 C.R. (3d) 263.