R. v. Gallant, (1983) 45 Nfld. & P.E.I.R. 91 (NFPC)

• Judge: Trahey, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 25, 1983
• Jurisdiction: Newfoundland and Labrador
• Citations: (1983), 45 Nfld. & P.E.I.R. 91 (NFPC)

R. v. Gallant (1983), 45 Nfld. & P.E.I.R. 91 (NFPC);

    132 A.P.R. 91

MLB headnote and full text

R. v. Gallant

Indexed As: R. v. Gallant

Newfoundland Provincial Court

Trahey, P.C.J.

February 25, 1983.

Summary:

The accused was charged with conspiracy to import a narcotic into Canada contrary to s. 423(1)(d) of the Criminal Code of Canada, and released on a recognizance. The accused was subsequently charged with breach of his recognizance contrary to s. 133 of the Code. The issue in this case concerned whether the Attorney General of Canada could prosecute the breach of s. 133 in the circumstances.

The Newfoundland Provincial Court held that the Attorney General of Canada could prosecute a breach of s. 133 of the Code where there was a direct relation or connection between the breach and the contravention of or a conspiracy to contravene the Narcotic Control Act.

Criminal Law - Topic 25

Prosecution of crime - Persons who may conduct prosecutions - The Newfoundland Provincial Court stated that the Attorney General of Canada could prosecute a contravention of the Narcotic Control Act or a conspiracy to contravene the Narcotic Control Act - See paragraphs 7, 15.

Criminal Law - Topic 25

Prosecution of crime - Persons who may conduct prosecutions - The accused was charged with conspiracy to import narcotics and released on a recognizance - He was subsequently charged with breach of the recognizance contrary to s. 133 of the Criminal Code of Canada - The Newfoundland Provincial Court held that the Attorney General of Canada could prosecute a breach of s. 133 of the Code with reference to contravention of or a conspiracy to contravene the Narcotic Control Act.

Cases Noticed:

R. v. Aziz (1981), 35 N.R. 1; 57 C.C.C.(2d) 97 (S.C.C.), consd. [para. 7].

R. v. Sacobie and Paul (1983), 47 N.R. 59; 50 N.B.R.(2d) 387; 131 A.P.R. 387, affirming 28 N.B.R.(2d) 288; 63 A.P.R. 288, refd to. [para. 21].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2(b) [paras. 6, 20]; sect. 115(1), sect. 115(2) [paras. 10, 20]; sect. 133 [paras. 4 to 5, 15, 22 to 23]; sect. 133(3)(b) [para. 16].

Counsel:

D. Day, for the Crown;

D. Sparkes, for the defence.

This case was heard before Trahey, P.C.J., of the Newfoundland Provincial Court, whose decision was delivered orally on February 25, 1983.