Supreme Court of Canada

R. v. Carter, [1982] 1 S.C.R. 937

Date: 1981-06-23

Her Majesty The Queen Appellant;

and

Robert James Carter Respondent.

File No.: 16256.

1981: June 23.

Present: Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR NEW BRUNSWICK

Practice—Appeal adjourned—No factum filed—Respondent did not appear and was not represented by counsel—Appointment of an amicus curiae.

APPEAL from a judgment of the Court of Appeal for New Brunswick (1980), 31 N.B.R. (2d) 371, 75 A.P.R. 371, dismissing a Crown appeal from an acquittal on a charge of conspiracy to import a narcotic contrary to s. 423(1)(d) of the Criminal Code. Appeal adjourned[^1].

D.J. A. Rutherford, Q.C., for the appellant.

The judgment of the Court was delivered orally by

RITCHIE J.—The respondent filed no factum, did not appear and was not represented by counsel.

Having regard to the fact that the respondent has been acquitted in two courts and the further fact that counsel for the Crown has acknowledged that this appeal raises some difficult questions of law, and has indicated his agreement with the suggestion that counsel be appointed by the Department of Justice to act as an amicus curiae, the Court is of opinion that this matter should be adjourned for the purpose of such counsel being appointed. When this has been done a date will be fixed for the hearing of the appeal.

Appeal adjourned.

Solicitor for the appellant: R. Tassé, Ottawa.

[^1]: See [1982] 2 S.C.R. 938.