Supreme Court of Canada

Date: 2004-02-09

On appeal from: 2003 ABCA 174, 175 CCC (3d) 494 (ABCA)

Before: Iacobucci, Major, Bastarache, Arbour and Fish JJ.

Counsel:

Alexander D. Pringle, Q.C., for accused, appellant.

Arnold Schlayer, for the Crown, respondent.

Judgment

The following judgment of the court was delivered orally by Iacobucci J.:

[1] We are all of the view that the dissent by Berger J.A. in the Alberta Court of Appeal is on a question of law and therefore gives rise to an appeal as of right before this Court. Accordingly, the motion to quash by the Crown is dismissed and the motion to strike the notice of appeal is dismissed.