R. v. Lang, (1984) 55 A.R. 81 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: March 02, 1984
• Jurisdiction: Northwest Territories
• Citations: (1984), 55 A.R. 81 (NWTSC)

R. v. Lang (1984), 55 A.R. 81 (NWTSC)

MLB headnote and full text

R. v. Lang

(S.C. 2860 & S.C. 2861)

Indexed As: R. v. Lang

Northwest Territories Supreme Court

de Weerdt, J.

March 2, 1984.

Summary:

The Registrar of Vehicles issued a restricted operator's licence pursuant to s. 54 of the Vehicles Ordinance of the Northwest Territories. The Crown appealed.

The Northwest Territories Supreme Court dismissed the appeal for lack of jurisdiction.

Motor Vehicles - Topic 7239

Licencing of drivers - Suspension of licences, exemptions - Appeal by Crown - The Northwest Territories Supreme Court held that it had no jurisdiction to hear an appeal by the Crown from an order of the Registrar of Vehicles made pursuant to s. 54 of the Vehicles Ordinance.

Criminal Law - Topic 7613

Summary conviction proceedings - Appeal to a court of appeal - Appeal by Crown from sentence - The Northwest Territories Supreme Court held that an order made by the Registrar of Vehicles (issuing a restricted operator's licence) was not a "sentence" for purposes of an appeal by the Crown under s. 748(2) of the Criminal Code of Canada (see paragraphs 5 to 10).

Words and Phrases

Sentence - The Northwest Territories Supreme Court discussed the meaning of the word "sentence" as found in s. 748(2)(b) of the Criminal Code of Canada.

Words and Phrases

Civil case - The Northwest Territories Supreme Court discussed the meaning of the words "civil case" as found in s. 18 of the Northwest Territories Territorial Court Ordinance.

Cases Noticed:

Provincial Secretary of P.E.I. v. Egan, [1941] S.C.R. 396; 76 C.C.C. 277; [1941] 3 D.L.R. 305, ref'd to. [para. 8].

R. v. McNary (1979), 6 M.V.R. 106 (Alta. Q.B.), ref'd to. [para. 8].

R. v. Joslin (1981), 10 M.V.R. 29 (Ont. C.A.), ref'd to. [para. 8].

Re Pond (1981), 11 M.V.R. 287 (B.C. Co. Ct.), dist. [para. 14].

Statutes Noticed:

Vehicles Ordinance, R.O.N.W.T. 1974, c. V-2, sect. 54 [para. 2].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 748(2) [para. 6].

Territorial Court Ordinance, O.N.W.T. 1972(2), c. 16, sect. 18 [para. 11].

Counsel:

B. Fontaine, for the appellant;

C. Rogers, for the respondent.

The decision of de Weerdt, J., was delivered on March 2, 1984.