R. v. Jones, (1983) 43 A.R. 64 (ProvCt)

Judge:Fitch, P.C.J.
Court:Provincial Court (Alberta)
Case Date:March 21, 1983
Jurisdiction:Alberta
Citations:(1983), 43 A.R. 64 (ProvCt)
 
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R. v. Jones (1983), 43 A.R. 64 (ProvCt)

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R. v. Jones

Indexed As: R. v. Jones

Alberta Provincial Court

Fitch, P.C.J.

March 21, 1983

Summary:

A pastor was charged with three counts of truancy under s. 180 of the School Act. He refused to send his children to public school and educated them and twenty other children in a schooling program he created called "Western Baptist Academy". The Alberta Provincial Court acquitted the accused, because the Crown failed to prove a lack of efficient instruction.

Civil Rights - Topic 3192

Trials - Fundamental justice - Noncriminal proceedings - Procedure contrary to fundamental justice - A pastor was charged with truancy under the School Act for educating his children outside a public school system - Section 143(1)(a) of the Act permitted non-attendance at public school only if a Department of Education inspector certified the child was under efficient instruction - The pastor had no certificate, but proved efficient instruction by independent evidence - The Alberta Provincial Court acquitted the pastor, holding that only being able to prove efficient instruction by certificate violated the principle of natural justice under the Charter of Rights and Freedoms (1982) - See paragraphs 12 to 21.

Education - Topic 5108

Students - Attendance - Compulsory attendance - Exceptions - Proof of efficient instruction - A pastor was charged with truancy under the School Act for educating his children outside the public school system - Section 143(1)(a) of the Act permitted nonattendance at public school only if a Department of Education inspector certified the child was under efficient instruction - The pastor had no certificate, but proved efficient instruction by independent evidence - The Alberta Provincial Court acquitted the pastor, holding that only being able to prove efficient instruction by certificate violated the principle of natural justice under the Charter of Rights and Freedoms(1982) - See paragraphs 12 to 21.

Cases Noticed:

Wisconsin v. Yoder (1972), 406 U.S. 205, ref'd to. [para. 7].

R. v. Ulmer, [1923] 1 W.W.R.1 (Alta. C.A.), dist. [para. 13].

Statutes Noticed:

Canadian Charter of Rights and Freedoms (1982), sect. 1, sect. 2, sect. 7, sect. 24(1), sect. 52(1) [para. 3].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 577(3), [para. 3].

Department of Education Act, R.S.A. 1980, c. D-17, sect. 10 [para. 3].

School Act, R.S.A. 1980, c. S-3, sect. 142, sect. 143, sect. 180 [para. 3].

Counsel:

W. Henkel, Q.C., and S. O'Ferrall, for the prosecution;

P. Carr, for the accused.

This case was heard at Calgary, Alberta, before FITCH, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on March 21, 1983:

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