Reference re Milgaard (Can.), [1992] 1 S.C.R. 875
IN THE MATTER OF section 53 of
the Supreme Court Act, R.S.C., 1985,
c. S‑26
IN THE MATTER OF a Reference by the
Governor in Council concerning whether
the conviction of David Milgaard in
Saskatoon, Saskatchewan, on January 31,
1970 for the murder of Gail Miller on
January 31, 1969 constitutes a miscarriage
of justice, and what remedial action, if any,
is advisable, as set out in Order in Council
P.C. 1991‑2376, dated the 28th day of
November, 1991
Indexed as: Reference re Milgaard (Can.)
1992: February 3; 1992: June 4.
Present: Lamer C.J. and Sopinka, Cory, McLachlin and Iacobucci JJ.
Contempt of court ‑‑ Milgaard Reference ‑‑ Witness -- Perjury -- Contempt proceedings stayed.
Kenneth R. Watson, for Ronald Wilson.
The Court
The following is the judgment delivered by
The Court ‑‑ Given Mr. Ronald Wilson's testimony in the Milgaard Reference following the citation for contempt, our conclusions as regards this Reference, the order of the Attorney General of Canada for a new trial, and the Attorney General for Saskatchewan's decision to enter a stay of proceedings, we are all of the view that the interests of justice no longer require that Mr. Wilson's conduct under oath be dealt with summarily. We therefore leave to the appropriate prosecutorial authorities the decision whether to proceed in this matter, and we enter a stay of our contempt proceedings.
Judgment accordingly.
Solicitor for Ronald Wilson: Kenneth R. Watson, Nakusp, B.C.