Supreme Court of Canada

Cardinal v. The Queen, [1984] 2 S.C.R. 523

Date: 1984-11-22

Rodney Michael Cardinal Appellant;

and

Her Majesty The Queen Respondent.

File No.: 17384.

1984: November 22.

Present: Dickson C.J. and Estey, McIntyre, Chouinard, Lamer, Wilson and Le Dain JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ALBERTA

Criminal law—Rape—Parties to offence—Accused over 14 years of age party to an act of rape committed by a 13-year-old—Person under the age of 14 immune from prosecution—Whether accused may be convicted of rape—Criminal Code, R.S.C 1970, c. C-34, ss. 143, 144 [am. 1972 (Can.), c. 13, s. 70], 147.

APPEAL from a judgment of the Alberta Court of Appeal (1982), 1982 ABCA 327, 3 C.C.C. (3d) 376, 42 A.R. 180, [1983] 1 W.W.R. 689, dismissing the accused’s appeal from his conviction for rape contrary to s. 144 of the Criminal Code. Appeal dismissed.

G. Crick, for the appellant.

Y. Roslak, Q.C., for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are in substantial agreement with the reasons of the Court of Appeal of Alberta. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Campbell, Germain, Crick & Cooper, Fort McMurray.

Solicitor for the respondent: R.W. Paisley, Edmonton.