R. v. Cole, (1980) 12 Man.R.(2d) 90 (CA)

• Judge: Monnin, Hall, Matas, O'Sullivan and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: October 21, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 12 Man.R.(2d) 90 (CA)

R. v. Cole (1980), 12 Man.R.(2d) 90 (CA)

MLB headnote and full text

R. v. Cole

Indexed As: R. v. Cole

Manitoba Court of Appeal

Monnin, Hall, Matas, O'Sullivan and Huband, JJ.A.

November 18, 1980.

Summary:

The accused was acquitted on a charge of unlawfully failing to answer a question, contrary to s. 95(g) of the Immigration Act, S.C. 1967-77, c. 52 - see [1980] 2 W.W.R. 673. The Federal Crown appealed.

In a decision reported in (1980), 4 Man.R.(2d) 363, the Manitoba County Court dismissed the appeal. The Crown appealed to the Manitoba Court of Appeal.

The Manitoba Court of Appeal, Huband, J.A., dissenting, dismissed the appeal.

Practice - Topic 8862

Appeals - Quashing of appeal - Grounds for - The Manitoba Court of Appeal dismissed the Crown's application for leave to appeal an accused's acquittal, where a deportation order had been issued against the accused and further consideration of his defence was academic - See paragraphs 5 to 6.

Cases Noticed:

R. v. Apaya and Gunn (1980), 4 Man.R.(2d) 269, refd to. [para. 4].

Counsel:

B.A. MacFarlane and R.W. McMechan, for the appellant;

K. Zaifman, for the respondent.

This appeal was heard before MONNIN, HALL, MATAS, O'SULLIVAN and HUBAND, JJ.A., of the Manitoba Court of Appeal, on October 21, 1980. On November 18, 1980, the judgment of the Court of Appeal was delivered and the following opinions were filed:

MONNIN, J.A. - see paragraphs 1 to 7;

HUBAND, J.A., dissenting - see paragraphs 8 to 11.

HALL, MATAS and O'SULLIVAN, JJ.A., concurred with MONNIN, J.A.