R. v. Dubasz, [1994] 3 S.C.R. 759

Her Majesty The Queen Appellant

v.

William John Dubasz Respondent

Indexed as: R. v. Dubasz

File No.: 23978.

1994: November 10.

Present: Sopinka, Gonthier, Cory, Iacobucci and Major JJ.

on appeal from the court of appeal from alberta

Criminal law ‑‑ Manslaughter ‑‑ Court of Appeal erring in setting aside conviction.

APPEAL from a judgment of the Alberta Court of Appeal (1994), 1994 ABCA 19, 149 A.R. 59, 63 W.A.C. 59, quashing the accused's conviction for manslaughter. Appeal allowed.

Paul C. Bourque, for the appellant.

David B. Mercer, for the respondent.

The judgment of the Court was delivered orally by

Sopinka J. ‑‑ For the reasons of Foisy J.A., dissenting, in the Court of Appeal, we agree that the majority of the Court of Appeal erred in setting aside the conviction. The appeal is allowed, the judgment of the Court of Appeal is set aside and the conviction at trial is restored. The matter is remitted to the Court of Appeal to deal with the appeal as to sentence.

Judgment accordingly.

Solicitor for the appellant: Paul C. Bourque, Edmonton.

Solicitors for the respondent: Nickerson Roberts, Edmonton.