R. v. D.M., (1984) 56 A.R. 138 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: June 29, 1984
• Jurisdiction: Alberta
• Citations: (1984), 56 A.R. 138 (ProvCt)

R. v. D.M. (1984), 56 A.R. 138 (ProvCt)

MLB headnote and full text

R. v. D.M.

(YP24323)

Indexed As: R. v. D.M.

Alberta Provincial Court

Youth Division

Fitch, P.C.J.

June 29, 1984.

Summary:

The Crown applied for a warrant under the Young Offenders Act for the arrest of a young offender who failed to attend court in response to an appearance notice.

The Alberta Provincial Court refused to issue a warrant, because the appearance notice failed to adequately specify the place of attendance, as required under s. 453.3(1)(c) of the Criminal Code of Canada.

Criminal Law - Topic 3256

Compelling appearance - Appearance notice - Form - Sufficiency of - Section 453.3(1)(c) of the Criminal Code of Canada required an appearance notice to state the "place" at which the accused was to attend court - An appearance notice was issued "to attend court ... at the Provincial Court of Alberta (Court Room 2), at the City of Calgary 620 7 Ave. S. [sic] in the Province of Alberta ..." - The Alberta Provincial Court held that the notice did not sufficiently identify the "place" to comply with s. 453.3(1)(c) and was therefore invalid - The court stated that the notice should have read "to attend court ... at Courtroom 2, Family Courts, Suite 101, Main Floor, John J. Bowlen Building, 620-7 Ave. S.W., Calgary, Alberta".

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 453.3(1)(c) [para. 14]; sect. 455.5(1)(c) [para. 7].

Young Offenders Act, S.C. 1980-81-82, c. 110, sect. 1(1)(b), sect. 2(1) [para. 21]; sect. 9(9) [para. 8].

Counsel:

E. Vomberg, for the Crown;

No one appearing for the young person or the parent.

This application was heard at Calgary, Alberta, before Fitch, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on June 29, 1984.