R. v. Foster and Walton-Ball, (1982) 17 Sask.R. 37 (CA)

• Judge: Woods, Hall and Tallis, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 18, 1982
• Jurisdiction: Saskatchewan
• Citations: (1982), 17 Sask.R. 37 (CA)

R. v. Foster (1982), 17 Sask.R. 37 (CA)

MLB headnote and full text

R. v. Foster and Walton-Ball

Indexed As: R. v. Foster and Walton-Ball

Saskatchewan Court of Appeal

Woods, Hall and Tallis, JJ.A.

June 18, 1982.

Summary:

The accused were charged and convicted of perjury. The trial court imposed a sentence of imprisonment of one day plus a fine of $2,500.00 on each accused. The Crown appealed respecting sentence and the accused appealed their convictions.

The Saskatchewan Court of Appeal dismissed the appeals from the convictions but allowed the Crown's appeal respecting sentence and imposed a sentence of imprisonment of 8 months on each accused.

Criminal Law - Topic 5900

Sentence - Perjury - The accused gave false evidence at an examination for discovery before trial in a civil action - The Saskatchewan Court of Appeal imposed a sentence of imprisonment of 8 months (see paragraph 28).

Criminal Law - Topic 505

Perjury - What constitutes a judicial proceeding - The Saskatchewan Court of Appeal held that an examination for discovery before trial in a civil action was a judicial proceeding notwithstanding the absence of the Deputy Local Registrar from the room during the examination (see paragraph 23).

Words and Phrases

Judicial proceeding - The Saskatchewan Court of Appeal discussed the meaning of the words "judicial proceeding" as found in s. 107 of the Criminal Code of Canada, R.S.C. 1970, c. C-34.

Cases Noticed:

R. v. Hijazi (1974), 20 C.C.C.(2d) 183, refd to. [para. 15].

R. v. Korponey, 65 C.C.C.(2d) 65 (S.C.C.), refd to. [para. 15].

Rex v. Kohel, 46 C.C.C. 279 (Sask. K.B.), refd to [para. 20]; not folld. [para. 22].

R. v. Rulofson (1908), 14 C.C.C. 253, refd to. [para. 22].

R. v. Allen (1925), 43 C.C.C. 118, refd to. [para. 22].

R. v. Lloyd (1887), 19 Q.B.C. 213, refd to. [para. 22].

Calder v. The Queen, [1960] S.C.R. 892, refd to. [para. 24].

Wolf v. The Queen, 2 N.R. 415; 27 C.R.N.S. 150, refd to. [para. 24].

R. v. Morrissette et al., 12 C.R.N.S. 392, refd to. [para. 26].

R. v. Hinch et al., 62 W.W.R. 205, refd to. [para. 26].

R. v. Turner, 14 Sask.R. 321, refd to. [para. 26].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 107, sect. 120, sect. 121 [para. 21].

Counsel:

N.W. Sherstobitoff, Q.C., for the appellant, Foster;

R.D. Laing, for the appellant, Walton-Ball;

Audrey S. Brent, for the respondent.

This appeal was heard by WOODS, HALL and TALLIS, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by TALLIS, J.A., at Regina, Saskatchewan, on June 18, 1982.