Supreme Court of Canada

Sterner v. Vander Kracht, [1982] 1 S.C.R. 173

Date: 1982-02-11

Adolph August Sterner Appellant;

and

Cpl. George Charles Vander Kracht for and on behalf of Her Majesty The Queen Respondent.

File No.: 16572.

1982: February 11.

Present: Laskin C.J. and Ritchie, Dickson, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR SASKATCHEWAN

Criminal law—Probation order violation—Deputy Clerk and not the presiding judge explained ss. 664(4) and 666 of the Code to accused—Whether s. 663(4)(c) was properly complied with—Criminal Code, R.S.C. 1970, c. C-34, s. 663(4).

APPEAL from a judgment of the Court of Appeal of Saskatchewan (1981), 1981 CanLII 2072 (SK CA), 9 Sask. R. 264, dismissing the appellant’s appeal from his conviction on a charge of failing to comply with the terms of a probation order. Appeal dismissed.

Ernest A. Hawrish and Mark Brayford, for the appellant.

Kenneth MacKay, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. MacKay. We regard s. 663(4)(a), (b) and (c) as administrative provisions which are delegable, once the probation order is made by the presiding judge. In this particular case, the accused was advised of the consequences of a breach of the probation order by the Deputy Clerk and indeed, on the facts, knew of the consequences. It was not necessary that he be made aware by the judge personally. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Hawrish & Hawrish, Saskatoon.

Solicitor for the respondent: Kenneth MacKay, Regina.