R. v. Orth, (1989) 78 Sask.R. 35 (ProvCt)

• Judge: Conroy, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 07, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 78 Sask.R. 35 (ProvCt)

R. v. Orth (1989), 78 Sask.R. 35 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Richard James Orth

Indexed As: R. v. Orth

Saskatchewan Provincial Court

Saskatoon, Saskatchewan

Conroy, P.C.J.

June 7, 1989.

Summary:

The accused was charged with breach of a probation order. The offence was allegedly committed in the province of Manitoba. The accused applied for a ruling that the Saskatchewan Provincial Court lacked jurisdiction.

The Saskatchewan Provincial Court agreed with the accused.

Criminal Law - Topic 5731

Punishments (sentence) - Probation and probation order - Breach of - Jurisdiction to prosecute - An accused was convicted and placed on probation in Saskatchewan - One term of the order was that the accused attend a treatment centre in Manitoba - The accused left the centre before completing the course of treatment - The Saskatchewan Provincial Court held that the Saskatchewan courts lacked jurisdiction to prosecute the accused for breach of probation, not having first obtained the consent of the Attorney General of Manitoba pursuant to s. 740(2) of the Criminal Code.

Cases Noticed:

Bigelow v. The Queen, 69 C.C.C.(2d) 204, dist. [para. 8].

R. v. Michelle (1974), 52 Sask.R. 68; 28 C.C.C.(3d) 572, consd. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 476(b) [para. 8]; sect. 740 [paras. 1, 7]; sect. 740(2) [paras. 6, 12].

Counsel:

S. Hopley, for the accused;

S. Hanson, for the Crown.

This case was heard before Conroy, P.C.J., of the Saskatchewan Provincial Court, Saskatoon, Saskatchewan, whose decision was delivered orally on June 7, 1989.