R. v. Mills, [1993] 4 S.C.R. 277

Her Majesty The Queen Appellant

v.

Ronald William Mills Respondent

Indexed as: R. v. Mills

File No.: 23289.

1993: November 2.

Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for manitoba

Criminal law ‑‑ Nuisance ‑‑ Offering indignities to human remains ‑‑ Gravedigger damaging coffins when refilling graves ‑‑ Evidence supporting trial judge's conclusion that gravedigger's conduct constitutes indignities to human remains.

APPEAL from a judgment of the Manitoba Court of Appeal (1992), 1992 CanLII 12747 (MB CA), 81 Man. R. (2d) 281, 30 W.A.C. 281, 77 C.C.C. (3d) 318, 16 C.R. (4th) 390, allowing the accused's appeal from his conviction on a charge of offering indignities to human remains contrary to s. 182 of the Criminal Code. Appeal allowed.

S. J. Whitley, Q.C., for the appellant.

Pamela D. M. Smith, for the respondent.

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ We find no error in the trial judge's judgment. There was evidence upon which he could reasonably base his conclusions.

The appeal is accordingly allowed, the judgment of the Court of Appeal is set aside and the conviction is restored.

Judgment accordingly.

Solicitor for the appellant: The Department of Justice, Winnipeg.

Solicitors for the respondent: Gindin, Smith, Pearlman, Winnipeg.