R. v. Johnston, (1979) 20 A.R. 524 (QB)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 26, 1979
• Citations: (1979), 20 A.R. 524 (QB)

R. v. Johnston (1979), 20 A.R. 524 (QB)

MLB headnote and full text

R. v. Johnston

(12543)

Indexed As: R. v. Johnston

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

November 26, 1979.

Summary:

This headnote contains no summary.

Food and Drug Control - Topic 1084

Drugs - Possession for purpose of trafficking - What constitutes - Food and Drugs Act, R.S.C. 1970, c. F-23, s. 40 - The accused and three of his friends entered into a joint venture for the purpose of buying 405 "hits" of LSD - Ostensibly the LSD was for their own use; although one of the accused's three friends was to take the largest share - The accused was found in possession of the LSD before he could give it to his friends - The accused was charged with possession for the purpose of trafficking - The Alberta Court of Queen's Bench held that the accused was not guilty - The Court of Queen's Bench held that, unlike the law under the Narcotic Control Act, a joint venture for the acquisition of a drug did not constitute trafficking under the Food and Drugs Act.

Statutes - Topic 8410

Interpretation - Penal statutes - The Alberta Court of Queen's Bench held that, where the words of a penal statute create an ambiguity or where the words are capable of interpretation as a penalty or not, then the ambiguity or the balance must be resolved in favour of an interpretation avoiding the penalty in a particular case - See paragraph 9.

Cases Noticed:

R. v. Sartor, 6 W.W.R.(N.S.) 448, not folld. [para. 4].

R. v. Young, [1971] 3 W.W.R. 195 (B.C.C.A), dist. [paras. 4, 5].

R. v. Harrington, 43 W.W.R.(N.S.) 337, dist. [para. 4].

R. v. Taylor, [1974] 5 W.W.R. 41 (B.C.C.A.), dist. [para. 5].

R. v. Jimmo (1973), 16 C.C.C.(2d) 396, appld. [para. 6].

R. v. Rogalsky, [1975] 4 W.W.R. 418, appld. [para. 7].

Liversidge v. Anderson, [1942] A.C. 206, appld. [para. 9].

Barnard v. Gorman, [1941] A.C. 378, appld. [para. 9].

R. v. Robinson et al., [1951] S.C.R. 522, appld. [para. 9].

Statutes Noticed:

Food and Drugs Act, R.S.C. 1970, c. F-23, sect. 40 [para. 3].

Counsel:

D.B. Rencz, for the accused;

K.F. Groves, for the Attorney General of Canada and the Attorney General of Alberta.

This case was heard at Calgary, Alberta, before MOSHANSKY, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on November 26, 1979: