R. v. Chebib (Z.K.), (1997) 209 A.R. 288 (CA)

• Judge: Hunt, J.A.
• Court: Court of Appeal (Alberta)
• Case Date: December 11, 1997
• Citations: (1997), 209 A.R. 288 (CA)

R. v. Chebib (Z.K.) (1997), 209 A.R. 288 (CA);

         160 W.A.C. 288

MLB headnote and full text

Temp. Cite: [1997] A.R. TBEd. DE.085

In The Matter Of an Application for a "Certification of Importance" and Leave to Appeal pursuant to section 18(1) of the Provincial Offences Procedure Act

S.A. 1988, c. P-21.5

Her Majesty The Queen (respondent/respondent) v. Ziad Khoder Chebib (applicant/appellant)

(16753; 17259)

Indexed As: R. v. Chebib (Z.K.)

Alberta Court of Appeal

Hunt, J.A.

December 11, 1997.

Summary:

An accused was convicted on two charges under the City of Calgary Taxi Business Bylaw for operating a taxi without a licence. His summary convictions appeals were dismissed. The accused sought certifi­cation under s. 18(1) of the Provincial Offences Procedure Act to appeal to the Court of Appeal.

The Alberta Court of Appeal, per Hunt, J.A., declined to grant the certification.

Editor's Note: for previous proceedings in this matter, see 190 A.R. 303

Civil Rights - Topic 8590

Canadian Charter of Rights and Freedoms - Practice - Evi­dence - An accused was convicted on two charges under the City of Calgary Taxi Business Bylaw for operating a taxi with­out a licence - His summary convictions appeals were dismissed - The accused sought to certify the question of whether his Charter rights to earn a living had been breached under the bylaw - This issue had not been raised in any of the courts below - The Alberta Court of Appeal, per Hunt, J.A., held that this ques­tion ought not be certified on appeal - Charter issues should not be decided in a factual vacuum and there lacked any evidentiary basis upon which to consider a Charter challenge to the bylaw - See para­graph 9.

Courts - Topic 1331

Justices of the peace - Jurisdiction - Gen­eral - An accused was convicted pursuant to a municipal bylaw by a sitting justice of the peace for the Provincial Court of Alberta - The justice of the peace made an order, pursuant to s. 567 of the Municipal Government Act, requiring the accused to comply with the bylaw - The accused appealed, arguing that the justice of the peace did not have jurisdiction to make the order - The Court of Queen's Bench held that the justice of the peace had jurisdiction to make the order - The court held that the word "court" found in s. 567 of the Municipal Government Act applied to the Provincial Court, including a sitting justice of the peace - The sitting justice of the peace could therefore exhaust all sentencing and dispositive powers con­ferred by statute - The Alberta Court of Appeal declined to certify the question as it was not satisfied that it was of suffi­cient importance to merit a further appeal - See paragraph 13.

Courts - Topic 8390

Provincial courts - Alberta - Court of Appeal - Jurisdiction - Appeals - Certifi­cate of importance - An accused was con­victed on two charges under the City of Calgary Taxi Business Bylaw for operat­ing a taxi without a licence - His sum­mary convictions appeals were dismissed - The accused sought certification to appeal to the Court of Appeal (Provincial Offences Procedure Act, s. 18(1)) - The Alberta Court of Appeal, per Hunt, J.A., declined to grant the certification where the accused's grounds of appeal revealed ques­tions of fact or of mixed fact and law or questions of law which were not of suffi­cient importance to justify a further appeal - See paragraphs 8 to 14.

Municipal Law - Topic 1497

Powers of municipalities - Particular powers - Licensing and regulating taxis - Chebib was charged under the City of Calgary Taxi Business Bylaw for operating a taxi without a licence - Chebib argued that he was licenced to operate a limousine and that he was operating his vehicle as a limousine and not as a taxi - The Com­missioner convicted Chebib, holding that his vehicle fell under the definition of taxi where there was no prearranged contract for the transportation of passengers - Chebib's summary conviction appeal was dismissed - The Alberta Court of Appeal, per Hunt, J.A., declined to grant certifi­cation to appeal to the Court of Appeal - The question of whether he was operating a taxi was not question of law - Further­more, the court was not convinced that the Commissioner erred in concluding that a limousine was a vehicle being operated on the basis of a prearranged contract - See paragraphs 10 to 12

Municipal Law - Topic 3988

Bylaws - Enforcement or prosecution - Persons entitled to enforce - [See Courts - Topic 1331 ].

Trials - Topic 1212

Summary convictions - Appeals - Leave to appeal - Certification - [See Courts - Topic 8390 ].

Statutes Noticed:

Calgary (City) Bylaws, Taxi Business Bylaw No. 97/77, sect. 9(2) [para. 2].

Provincial Offences Procedure Act, S.A. 1988, c. P-21.5, sect. 18(1) [para. 1].

Counsel:

Z.K. Chebib, on his own behalf;

J.E. Hittel, for the respondent.

This application was heard in Chambers before Hunt, J.A., of the Alberta Court of Appeal who delivered the following judg­ment on December 11, 1997.