R. v. Ferrero, (1981) 29 A.R. 469 (CA)

• Judge: Lieberman, Haddad and Harradence, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: April 08, 1981
• Citations: (1981), 29 A.R. 469 (CA)

R. v. Ferrero (1981), 29 A.R. 469 (CA)

MLB headnote and full text

R. v. Ferrero

Indexed As: R. v. Ferrero

Alberta Court of Appeal

Lieberman, Haddad and Harradence, JJ.A.

April 8, 1981.

Summary:

This case arose out of an application by an accused to quash his committal for trial after a preliminary inquiry. The Alberta Court of Appeal dismissed the application.

Criminal Law - Topic 3581

Preliminary inquiry - Evidence - Cross-examination of Crown witnesses - The judge at a preliminary inquiry denied the accused the right to crossexamine Crown witnesses on the role of a person whom the accused alleged was an agent provocateur - The Alberta Court of Appeal held that the judge erred, because the accused was entitled to cross-examine Crown witnesses under s. 468(1)(a) of the Criminal Code - See paragraphs 5 to 6 - The court held, however, that the error was not a ground for an order of certiorari, because it did not go to jurisdiction, although it might have been a valid ground of appeal - See paragraphs 7 to 10.

Criminal Law - Topic 3604

Preliminary inquiry - Judicial review of committal order - Certiorari - During a preliminary inquiry the judge refused to permit cross-examination of a Crown witness on the role of a person whom the accused alleged was an agent provocateur - The Alberta Court of Appeal held that, although the judge's refusal was wrong, it was not an error which went to jurisdiction and was not a ground for an order of certiorari - See paragraphs 5 to 10.

Cases Noticed:

R. v. Nat. Bell Liquors (1922), 37 C.C.C. 129 (P.C.), refd to. [para. 4].

Patterson v. The Queen, [1970] S.C.R. 408, refd to. [para. 4].

Re Cohen and A.G. of Quebec (1979), 27 N.R. 344; 46 C.C.C.(2d) 473 (S.C.C.), refd to. [para. 4].

Re Depagie and The Queen (1976), 1 A.R. 602; 32 C.C.C.(2d) 89 (Alta. C.A.), refd to. [para. 4].

Re Roussel (1979), 10 C.R.(3d) 184 (Alta. C.A.), refd to. [para. 4].

R. v. Moravenski (1980), 23 A.R. 488 (C.A.), refd to. [para. 4].

R. v. Pearson (1957), 21 W.W.R.(N.S.) 337 (Alta. C.A.), refd to. [para. 5].

R. v. Solloway; R. v. Mills, [1930] 1 W.W.R. 486 (Alta. C.A.), refd to. [para. 5].

R. v. Farrer (1979), 32 C.C.C.(2d) 84, refd to. [para. 5].

R. v. Auger, [1979] 5 W.W.R. 543 (B.C.C.A.), appld. [para. 9].

R. v. Norgren, [1976] 3 W.W.R. 196 (B.C.C.A.), appld. [para. 9].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 468(1)(a) [para. 5].

Counsel:

S.R. Creagh, for the respondent;

M.L. Pollock, for the applicant.

This case was heard before LIEBERMAN, HADDAD and HARRADENCE, JJ.A., of the Alberta Court of Appeal.

On April 8, 1981, HARRADENCE, J.A., delivered the following judgment for the Court of Appeal: