R. v. McKenzie, (1978) 9 A.R. 335 (CA)

• Court: Court of Appeal (Alberta)
• Case Date: May 08, 1978
• Jurisdiction: Alberta
• Citations: (1978), 9 A.R. 335 (CA)

R. v. McKenzie (1978), 9 A.R. 335 (CA)

MLB headnote and full text

R. v. McKenzie

Indexed As: R. v. McKenzie

Alberta Supreme Court

Appellate Division

Sinclair, Prowse, JJ.A., and Miller, J. (ad hoc)

May 8, 1978.

Summary:

This headnote contains no summary.

Contempt - Topic 5564

Jurisdiction to punish for contempt - Criminal courts - Refusal to testify at preliminary hearing - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 472 - The accused refused to testify at a preliminary hearing - The Crown laid a charge against the accused of contempt contrary to s. 8 of the Criminal Code - The accused was convicted and sentenced to one year imprisonment - The accused appealed - The Alberta Court of Appeal quashed the conviction of the accused - The Court of Appeal held that there was no offense of refusing to testify at a preliminary hearing - The Court of Appeal held that the only means of dealing with a witness who refused to testify at a preliminary hearing is the power of the magistrate to commit him to jail for successive periods of eight days under s. 472 of the Criminal Code.

Cases Noticed:

R. v. Bubley, 1 A.R. 37; [1976] 6 W.W.R. 179, consd. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 8, sect. 472 [para. 1]; sect. 440 [para. 12]; sect. 533 [para. 17]; sect. 632, sect. 633, sect. 634, sect. 635, sect. 636 [para. 16].

Counsel:

R.A. Semenchuk, for the appellant;

J. Watson, for the Crown.

This case was heard before SINCLAIR, PROWSE, JJ.A., and MILLER, J. (ad hoc), of the Alberta Supreme Court, Appellate Division.

On May 8, 1978, SINCLAIR, J.A., delivered the following judgment for the Appellate Division: