R. v. Lucier (R.C.), (1996) 187 A.R. 228 (CA)

• Judge: Conrad, O'Leary and Hunt, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: September 09, 1996
• Citations: (1996), 187 A.R. 228 (CA)

R. v. Lucier (R.C.) (1996), 187 A.R. 228 (CA);

    127 W.A.C. 228

MLB headnote and full text

Her Majesty the Queen (appellant) v. Ronald Clifford Lucier (respondent/applicant)

(Appeal No. 95-16229)

Indexed As: R. v. Lucier (R.C.)

Alberta Court of Appeal

Conrad, O'Leary and Hunt, JJ.A.

September 9, 1996.

Summary:

Lucier pleaded guilty before Provincial Court judge D.M. McDonald. The judge sentenced him. The Crown filed a notice of appeal. The notice wrongly identified the court as the Court of Queen's Bench and the judge as being judge D.C. McDonald. Lucier applied to quash the notice of appeal.

The Alberta Court of Appeal dismissed the application.

Criminal Law - Topic 4906

Appeals - Indictable offences - Procedure - Notice of appeal or application for leave to appeal - General - The Crown filed a notice of appeal respecting sentence after a guilty plea - The notice contained the name and place of trial, the counsel's names, the charges, the fact that there was a guilty plea, the sentence imposed and the date of the sentence - However the notice wrongly identified the trial court and the sentencing judge - The accused argued that the notice was a nullity - The Alberta Court of Appeal, pursuant to the Criminal Code which refers to the Alberta Rules of Court, rejected this argument because the notice provided suffi­cient correct informa­tion and the defects complained of were only irregularities that could be rectified.

Cases Noticed:

R. v. Timmons (1957), 21 W.W.R.(N.S.) 238 (Alta. C.A.), dist. [para. 8].

Debly v. Gordon (M.) & Sons Ltd., [1955] 4 D.L.R. 636 (N.B.C.A.), affd. (1956), 3 D.L.R.(2d) 1 (S.C.C.), dist. [para. 9].

R. v. Mankow (1959), 123 C.C.C. 74 (Alta. C.A.), refd to. [para. 11].

Edmonton Nurseries Ltd. v. Edmonton (City) et al. (1976), 2 A.R. 14; 1 Alta. L.R.(2d) 226 (C.A.), consd. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 676(1)(d) [para. 3]; sect. 678(1), sect. 678(2) [para. 4].

Rules of Court (Alta.), rule 512 [para. 7]; rule 840(3), rule 840(4) [para. 6].

Counsel:

G. Tomljanovic, for the Crown;

A.W. MacDonald, Q.C., for the respon­dent.

This application was heard by Conrad, O'Leary and Hunt, JJ.A., of the Alberta Court of Appeal.

The decision of the Court of Appeal was delivered on September 9, 1996, by Conrad, J.A.