Supreme Court of Canada

Kane v. R., [1984] 1 S.C.R. 387

Date: 1984-05-14

Martin Clayton Kane (Plaintiff) Appellant;

and

Her Majesty The Queen (Defendant) Respondent.

File No.: 16768.

1984: May 14.

Present: Dickson C.J. and Ritchie, Beetz, McIntyre, Chouinard, Lamer and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Criminal law—Conspiracy—Trafficking in controlled drug—Evidence—Trial judge allowing motion for non-suit—Proof of accused’s membership in conspiracy—Whether co-conspirators’ acts and declarations admissible to that end.

APPEAL from a judgment of the Ontario Court of Appeal (1981), 1981 3165 (ON CA), 63 C.C.C. (2d) 321, allowing the Crown’s appeal from a judgment of McMahon J., acquitting the accused of conspiring to traffic in a controlled drug contrary to s. 34(1) of the Food and Drugs Act and s. 423(1)(d) of the Criminal Code, and ordering a new trial. Appeal dismissed.

Andrew Kerekes, for the appellant.

Michael Dambrot, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—It will not be necessary to hear you Mr. Dambrot. The Court is in agreement with the conclusion reached by the Court of Appeal for Ontario and with the reasons therefor expressed by Mr. Justice Martin, speaking for the Court.

The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Kerekes, Collins, Toronto.

Solicitor for the respondent: R. Tassé, Ottawa.