Supreme Court of Canada

Smith v. The Queen, [1984] 1 S.C.R. 582

Date: 1984-06-07

Ross Harris Smith Appellant;

and

Her Majesty The Queen Respondent.

File No.: 17988.

1984: June 7.

Present: Dickson C.J. and Ritchie, Beetz, Estey, Mclntyre, Chouinard, Lamer, Wilson and Le Dain JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR SASKATCHEWAN

Criminal law—Conspiracy—Traffic of narcotics—Crown’s case bound by particulars—Particulars disclosing two shipments of narcotics—No subordinate conspiracy—Trial judge in error in failing to consider whether the Crown has established an agreement to send narcotics.

APPEAL from a judgment of the Saskatchewan Court of Appeal[^1], allowing the Crown’s appeal from the acquittal of the accused[^2] on a charge of trafficking in narcotics contrary to s. 423(1)(d) of the Criminal Code and s. 4(1) of the Narcotic Control Act, and ordering a new trial. Appeal dismissed.

Eric Neufeld and Reg Watson, for the appellant.

Ivan Whitehall, Q.C., and Robert McMechan, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—It will not be necessary to call on you Mr. Whitehall and Mr. McMechan. We are all in agreement with the judgment of the Court of Appeal for Saskatchewan and with the reasons therefor. The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Wilson, Drummond, Findlay & Neufeld, Regina.

Solicitor for the respondent: R. Tassé, Ottawa.

[^1]: 10 W.C.B. 391.

[^2]: 8 W.C.B. 438.