R. v. Martel, (1982) 38 A.R. 177 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: August 05, 1982
• Jurisdiction: Northwest Territories
• Citations: (1982), 38 A.R. 177 (NWTSC)

R. v. Martel (1982), 38 A.R. 177 (NWTSC)

MLB headnote and full text

R. v. Martel

(S.C. 2544)

Indexed As: R. v. Martel

Northwest Territories Supreme Court

de Weerdt, J.

August 5, 1982

Summary:

The Crown appealed the acquittal of an accused on a charge of failing to appear in court, pursuant to an undertaking, contrary to s. 133(3)(b) of the Criminal Code of Canada, R.S.C. 1970, c. C-34.

The Northwest Territories Supreme Court dismissed the appeal.

Criminal Law - Topic 6923

Recognizances and undertakings - Cancellation - Conditions precedent - The Crown appealed the acquittal of an accused on a charge of failing to appear in court, pursuant to an undertaking - The judge who took the undertaking later cancelled it under s. 485(5) of the Criminal Code - The judge did not have the undertaking before him at the time of cancellation, nor did he endorse the undertaking to show that it was cancelled - The Northwest Territories Supreme Court stated that it would be impracticable to require a judge to wait until every applicable undertaking was before him as a precondition of exercising his powers of cancellation under s. 485(5) - See paragraph 7.

Cases Noticed:

R. v. Baert (1981), 28 A.R. 313; 14 Alta. L.R.(2d) 310, (Alta. C.A.), refd to. [para. 7].

Re Perrault v. R. (1982), 15 Sask.R. 341; 65 C.C.C.(2d) 279 (Sask. C.A.), refd to. [para. 7].

R. v. Ouellette, [1980] 1 S.C.R. 568; 32 N.R. 361; 52 C.C.C.(2d) 336; 15 C.R.(3d) 372, affing 50 C.C.C.(2d) 346 (Que. C.A.), refd to. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 133(3)(b) [para. 2]; sect. 458(5)(a) [para. 1].

Counsel:

B. Fontaine, for the appellant;

J.C. Morris, for the respondent.

This appeal was heard before deWEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on August 5, 1982.