R. v. Canada Packers Inc. and Intercontinental Packers Ltd., (1986) 71 A.R. 173 (QB)

• Judge: Lomas, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 25, 1986
• Citations: (1986), 71 A.R. 173 (QB)

R. v. Can. Packers Inc. (1986), 71 A.R. 173 (QB)

MLB headnote and full text

R. v. Canada Packers Inc. and Intercontinental Packers Limited

(No. 8401-1048-C5)

Indexed As: R. v. Canada Packers Inc. and Intercontinental Packers Ltd.

Alberta Court of Queen's Bench

Judicial District of Calgary

Lomas, J.

June 25, 1986.

Summary:

Canada Packers was one of several accused charged with two counts under s. 32 of the Combines Investigation Act. At preliminary, Canada Packers was committed to stand trial on count #1, discharged on count #2 and discharged on the included offence in the charge under count #1. The Attorney General preferred an indictment under s. 507(3)(b) of the Criminal Code, charging Canada Packers with three counts. Canada Packers applied for an order to quash or stay the proceedings in counts 2 and 3 and that portion of count #1 for which Canada Packers was discharged at preliminary. Canada Packers submitted that to the extent that ss. 507(2) and 507(3) permitted the preferring of an indictment following discharge at preliminary the sections were contrary to s. 7 of the Charter of Rights and Freedoms. Alternatively, Canada Packers submitted that if ss. 507(2) and 507(3) were not per se in violation of the Charter, then the manner in which the Attorney General exercised his discretion infringed Canada Packers' Charter rights.

The Alberta Court of Queen's Bench dismissed the application. The court held that ss. 507(2) and 507(3) did not infringe the right to life, liberty and security of the person under s. 7 of the Charter and the manner in which the Attorney General preferred the indictment also infringed no Charter rights.

Civil Rights - Topic 8402

Canadian Charter of Rights and Freedoms - Criminal proceedings - Preferring indictments - The Alberta Court of Queen's Bench held that ss. 507(2) and 507(3) of the Criminal Code, to the extent that they permitted the Attorney General to prefer an indictment against an accused following discharge at preliminary, did not violate the right to life, liberty and security of the person under s. 7 of the Charter - The court also held that the manner in which the Attorney General exercised his discretion must not infringe the accused's Charter rights - See paragraphs 17-45.

Civil Rights - Topic 8546

Canadian Charter of Rights and Freedoms - Interpretation - Life, liberty and security of the person - The Alberta Court of Queen's Bench held that ss. 507(2) and 507(3) of the Criminal Code of Canada, to the extent that they permitted the Attorney General to prefer an indictment against the accused following discharge at preliminary, did not violate the right to life, liberty and security of the person under s. 7 of the Charter - See paragraphs 17-38.

Criminal Law - Topic 4262

Procedure - Indictment - Preferring of indictments - The Alberta Court of Queen's Bench held that ss. 507(2) and 507(3) of the Criminal Code, to the extent that they permitted the Attorney General to prefer an indictment against an accused following discharge at preliminary, did not violate the right to life, liberty and security of the person under s. 7 of the Charter - The court also held that the manner in which the Attorney General exercised his discretion must not infringe the accused's Charter rights - See paragraphs 17-45.

Criminal Law - Topic 4264

Procedure - Indictment - Preferring of indictments - Review of - The Attorney General preferred an indictment under s. 507(3)(b) of the Criminal Code following an accused's discharge at preliminary - The Alberta Court of Queen's Bench held that the manner in which the Attorney General exercised his discretion must not infringe the accused's Charter rights - The court discussed whether the accused had the right to make representations to the Attorney General before the indictment was preferred - See paragraphs 39-45.

Cases Noticed:

Smythe v. The Queen (1971), 16 C.R.N.S. 147 (S.C.C.), refd to. [para. 18].

Saikaly and The Queen, Re (1979), 48 C.C.C.(2d) 192 (Ont. C.A.), refd to. [para. 18].

Johnson and Inglis et al., Re (1980), 52 C.C.C.(2d) 385, refd to. [para. 18].

R. v. Stolar (1983), 20 Man.R.(2d) 132; 4 C.C.C.(3d) 333 (Man. C.A.), refd to. [para. 19].

Balderstone et al. and The Queen, Re (1984), 23 Man.R.(2d) 125; 8 C.C.C.(3d) 532 (Man. C.A.), refd to. [para. 19].

R. v. Dahlem (1983), 25 Sask.R. 10 (Sask. Q.B.), agreed with [para. 19].

Operation Dismantle Inc. et al. v. Canada et al. (1985), 59 N.R. 1 (S.C.C.), refd to. [para. 19].

R. v. Moore et al. (1986), 39 Man.R.(2d) 315 (Man. C.A.), agreed with [para. 22].

Singh et al. v. Minister of Employment and Immigration et al. (1985), 58 N.R. 1; 14 C.R.R. 13 (S.C.C.), dist. [para. 26].

R.L. Craine Inc. et al. v. Couture and Restrictive Trade Practices Commission et al. (1983), 30 Sask.R. 191; 10 C.C.C.(3d) 119 (Sask. Q.B.), dist. [para. 26].

R. v. Neale (1985), 62 A.R. 350 (Alta. Q.B.), dist. [para. 26].

Rowland and the Queen, Re (1984), 56 A.R. 10; 13 C.C.C.(3d) 367 (Alta. Q.B.), dist. [para. 26].

D & H Holdings Ltd. and City of Vancouver et al., Re (1985), 21 D.L.R.(4th) 230 (B.C.S.C.), dist. [para. 26].

R. v. Young (1984), 3 O.A.C. 254 (Ont. C.A.), dist. [para. 26].

R. v. Oshaweetok (1984), 57 A.R. 384; 16 C.C.C.(3d) 392, dist. [para. 26].

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police (1978), 23 N.R. 410; 88 D.L.R.(3d) 671 (S.C.C.), refd to. [para. 41].

R. v. Arviv (1985), 8 O.A.C. 92; 19 C.C.C.(3d) 395 (Ont. C.A.), refd to. [para. 19].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 17].

Combines Investigation Act, R.S.C. 1970, c. C-23, sect. 32 [para. 4].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 507(2), sect. 507(3) [para. 17].

Counsel:

J.A. Isaac, Q.C., and I.M. Donahoe, Department of Justice, for the Attorney General of Canada;

R.C. Maybank, for the Attorney General of Alberta;

J.E. Redmond, Q.C., and B. Zalmanowitz, for Canada Packers Inc.

This application was heard before Lomas, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on June 25, 1986: