R. v. Issaluk, (1983) 55 A.R. 24 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: December 12, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 55 A.R. 24 (NWTSC)

R. v. Issaluk (1983), 55 A.R. 24 (NWTSC)

MLB headnote and full text

R. v. Issaluk

(SC 2948)

Indexed As: R. v. Issaluk

Northwest Territories Supreme Court

de Weerdt, J.

December 16, 1983.

Summary:

The accused's formalized probation order included a reporting requirement that was not mentioned by the trial judge in pronouncing sentence in open court. The accused applied to have the probation order set aside or corrected.

The Northwest Territories Supreme Court allowed the application, set aside the order, and remitted it to the trial judge for completion of a corrected formal order, which was not to include, inter alia, the reporting requirement. The court held that once the trial judge pronounced sentence in open court he became functus officio and therefore had no jurisdiction to later add the reporting requirement to the probation order.

Courts - Topic 2186

Jurisdiction - Loss or termination of jurisdiction upon fulfilling function (functus officio) - Criminal trials - A trial judge pronounced sentence in open court without mentioning a reporting requirement in the probation order - The judge later added the reporting requirement to the formalized probation order - The Northwest Territories Supreme Court held that once the judge pronounced sentence in open court he became functus officio and therefore had no jurisdiction to later add the reporting requirement to the probation order.

Cases Noticed:

R. v. Lessard (1976), 30 C.C.C.(2d) 70; 33 C.R.N.S. 16 (Ont. C.A.), dist. [para. 7].

R. v. Fuller (1969), 3 C.C.C. 348; 5 C.R.N.S. 148; 2 D.L.R.(3d) 27; 67 W.W.R.(N.S.) 78 (Man. C.A.), appld. [para. 8].

R. v. Conley, [1979] 5 W.W.R. 692; 17 A.R. 447; 47 C.C.C.(2d) 359 (Alta. C.A.), refd to. [para. 10].

R. v. Lee Park, [1924] 4 D.L.R. 883; 43 C.C.C. 66; 34 B.C.R. 251 (B.C.C.A.), refd to. [para. 10].

R. v. Uxbridge JJ. Ex p. Clark (1968), 52 Cr. App. Rep. 578, refd to. [para. 10].

Re R. and Mroch, [1973] 4 W.W.R. 747; 11 C.C.C.(2d) 528 (Alta. S.C.T.D.), refd to. [para. 10].

R. v. Baker and The Queen (1981), 60 C.C.C.(2d) 476; 23 C.R.(3d) 52 (B.C.S.C.), dist. [para. 11].

R. v. Dordevic (1977), 16 Nfld. & P.E.I.R. 445; 42 A.P.R. 445; 37 C.C.C.(2d) 367 (Nfld. Dist. Ct.), refd to. [para. 11].

R. v. Morgan (1978), 44 C.C.C.(2d) 558; 4 C.R.(3d) 248 (Que. S.C.), refd to. [para. 11].

Counsel:

Gabriella I. Lang, for the accused;

John R. Shipley, for the Crown.

This application was heard on December 12, 1983, at Yellowknife, Northwest Territories, before de Weerdt, J., of the Northwest Territories Supreme Court, who delivered the following judgment on December 16, 1983.