Supreme Court of Canada

Stevenson v. The Queen, 1983 CanLII 126 (SCC), [1983] 1 SCR 241

Date: 1983-02-09

Clifford Robert Sacobie and Gordon Joseph Paul Appellants;

and

Her Majesty The Queen Respondent;

and

The Attorney General of Canada, the Attorney General for Ontario and the Attorney General for Alberta Interveners.

Donald William Stevenson Appellant;

and

Her Majesty The Queen Respondent;

and

The Attorney General of Canada, the Attorney General for Ontario and the Attorney General for Alberta Interveners.

File Nos.: 16003 and 16004.

1983: February 9.

Present: Laskin C.J. and Ritchie, Beetz, Estey, Mclntyre, Chouinard and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR NEW BRUNSWICK

Criminal law—Procedure—Enforcement of non-criminal federal statutes—Offences under the Fisheries Act—Offences under the Narcotic Control Act—Whether provincial Attorney General or any other person entitled to lay an information charging a violation—Whether provincial Attorney General entitled to prosecute.

APPEAL from a judgment of the Court of Appeal for New Brunswick (1979), 1979 CanLII 2860 (NB CA), 28 N.B.R. (2d) 288, 63 A.P.R. 288, 51 C.C.C. (2d) 430, setting aside a judgment of the Provincial Court (1979), 1979 CanLII 3252 (NB PC), 27 N.B.R. (2d) 232, 60 A.P.R. 232, dismissing the information against the appellants Sacobie and Paul. Appeal dismissed.

APPEAL from a judgment of the Court of Appeal for New Brunswick (1979), 28 N.B.R. (2d) 306, 63 A.P.R. 306, affirming a judgment of the Supreme Court, Queen’s Bench Division

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(1979), 1979 CanLII 3172 (NB SC), 26 N.B.R. (2d) 581, 55 A.P.R. 581 granting a Crown’s application for an order of mandamus to compel the trial judge to proceed with the charge against the appellant Stevenson. Appeal dismissed.

Gary Miller and David Lutz, for the appellants.

Robert Murray, for the respondent.

Graham Garton, for the intervener the Attorney General of Canada.

John Cavarzan, Q.C., for the intervener the Attorney General for Ontario.

Wm. Henkel, Q.C., for the intervener the Attorney General for Alberta.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that the appeals fail and must be dismissed. We do not think that there is here any constitutional question and we agree with the conclusions reached on construction by the New Brunswick Court of Appeal. There will be no order as to costs.

Judgment accordingly.

Solicitors for the appellants: Gary A. Miller and J. Brian Neill, Fredericton.

Solicitor for the respondent: Robert Murray, Fredericton.

Solicitor for the intervener the Attorney General of Canada: R. Tassé, Ottawa.

Solicitor for the intervener the Attorney General for Alberta: R.W. Paisley, Edmonton.

Solicitor for the intervener the Attorney General for Ontario: Archie G. Campbell, Toronto.