R. v. McKay, (1979) 5 Sask.R. 214 (CA)

Judge:Culliton, C.J.S., Woods and Hall, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:March 27, 1979
Jurisdiction:Saskatchewan
Citations:(1979), 5 Sask.R. 214 (CA)
 
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R. v. McKay (1979), 5 Sask.R. 214 (CA)

MLB headnote and full text

R. v. McKay

(8184)

Indexed As: R. v. McKay

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods and Hall, JJ.A.

March 27, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 8

Attorney General - Deputy Attorney General defined - The Saskatchewan Court of Appeal stated that the deputy of the Attorney General in section 2 of the Criminal Code of Canada included all persons appointed to act on behalf of the Attorney General - See paragraphs 10 and 11.

Criminal Law - Topic 4486

Procedure - Trials - Stay of proceedings - The accused was charged with a breathalyzer offence - At trial Crown counsel attempted to stay the proceedings - The trial judge held that without proof of instructions from the Attorney General to direct the stay, Crown counsel as agent of the Attorney General lacked authority to make such an order - Crown counsel then asked for an adjournment which was refused, and the trial judge dismissed the charge against the accused - The Crown appealed the trial judge's ruling on the authority of Crown counsel to direct a stay - The Saskatchewan Court of Appeal allowed the appeal and held that Crown counsel had all the necessary and incidental powers of an agent of the Attorney General, which included the power to direct a stay of proceedings - The Court of Appeal further held that a direction to enter a stay of the proceedings is made to the clerk of the court not a judge and that the clerk does not have any discretion in the matter - See paragraphs 11 and 12.

Words and Phrases

Deputy Attorney General - The Saskatchewan Court of Appeal discussed the meaning of the words "deputy of the said Attorney General" as defined in section 2 of the Criminal Code of Canada, R.S.C. 1970, c. C-34.

Cases Noticed:

R. v. Harrison (1976), 8 N.R. 47; 28 C.C.C.(2d) 279, appl'd. [para. 8].

R. v. Rourke, [1975] 6 W.W.R. 591, ref'd to. [para. 12].

R. v. Velvick (1977), 33 C.C.C.(2d) 447, ref'd to. [para. 12].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2 [para. 11]; sect. 508(1) [para. 7]; sect. 605(1) [para. 8]; sect. 732.1 [para. 6].

Counsel:

D. Murray Brown, for the appellant;

Respondent in person.

This appeal was heard on March 20, 1979, by CULLITON, C.J.S., WOODS and HALL, JJ.A., of the Saskatchewan Court of Appeal.

On March 27, 1979, CULLITON, C.J.S., delivered the following judgment for the Court of Appeal.

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