Supreme Court of Canada

Goyette v. The Queen, [1982] 1 S.C.R. 688

Date: 1982-05-31

Alain Goyette Appellant;

and

Her Majesty The Queen Respondent.

File No.: 16423.

1982: May 12; 1982: May 31.

Present: Dickson, Beetz, Chouinard, Lamer and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Criminal law—Habeas corpus—Commencement of sentence—Warrants of committal—Consecutive rather than concurrent sentences of imprisonment—Criminal Code, R.S.C. 1970, c. C-34, s. 649(3), (4).

On December 17, 1979, in the Court of Sessions of the Peace, District of Montreal, appellant was ordered to pay a fine of $200 within 120 days or to serve a three month term of imprisonment. The 120 days expired on April 15, 1980, and a warrant of committal was only issued against him on July 4, 1980. This warrant was not executed until August 13, 1980. However, between June 10 and August 10, 1980, appellant had served terms of imprisonment pursuant to other warrants of committal. Appellant maintained that it was illegal to hold him under the warrant executed on August 13, because the effect of executing warrants of committal in succession was to make sentences, which would otherwise have been concurrent, consecutive. Relying on s. 649(4) of the Criminal Code, the Superior Court and the Court of Appeal dismissed his application for a writ of habeas corpus.

Held: The appeal should be dismissed.

APPEAL from a judgment of the Court of Appeal of Quebec, affirming a judgment of the Superior Court refusing to issue a writ of habeas corpus. Appeal dismissed.

Céline Pelletier, for the appellant.

Ginette Kirouac and Bernard Laprade, for the respondent.

English version of the judgment of the Court delivered by

DICKSON J.—We are all of the view that this appeal should be dismissed for the reasons stated

[Page 689]

by the Court of Appeal of Quebec[^1], though we do not thereby express any opinion as to the meaning of subs. (3) of s. 649 of the Criminal Code.

Appeal dismissed.

Solicitors for the appellant: Rouleau, Rumanek, Sirois & Denault, Montreal.

Solicitor for the respondent: Ginette Kirouac, Montreal.

[^1]: C.A. Mtl., No. 500-10-000318-806, January 16, 1981.