R. v. Ozsezginer, (1978) 11 A.R. 296 (TD)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 21, 1978
• Citations: (1978), 11 A.R. 296 (TD)

R. v. Ozsezginer (1978), 11 A.R. 296 (TD)

MLB headnote and full text

R. v. Ozsezginer

Indexed As: R. v. Ozsezginer

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Moshansky, J.

March 21, 1978.

Summary:

This headnote contains no summary.

Criminal Law - Topic 4262

Procedure - Indictment - Preferring of indictments - Authority to prefer indictments - An accused questioned the authority of a Crown prosecutor to prefer an indictment - The prosecutor was appointed an agent for the Attorney General of Alberta to conduct prosecutions without reference to any particular charge - The Alberta Supreme Court, Trial Division, held that the prosecutor was authorized to prosecute the accused - The Trial Division referred to s. 45 of the Public Service Act and to the presumption of regularity of appointment of public officials.

Evidence - Topic 2515

Presumptions - Presumption of regularity of capacity and appointment of public officials - The Alberta Supreme Court, Trial Division, referred to the presumption of regularity of appointment of a Crown prosecutor - See paragraphs 22 to 25.

Cases Noticed:

R. v. Hauser et al., 7 A.R. 89; [1977] 6 W.W.R. 501, folld. [para. 5].

Proprietary Articles Trade Association v. Attorney General of Canada, [1931] 1 W.W.R. 552, refd to. [para. 13].

R. v. Grant, [1968] 4 C.C.C. 352, refd to. [para. 18].

R. v. Ogilvie (1971), 3 N.B.R.(2d) 687; 4 C.C.C.(2d) 178, folld. [para. 24].

R. v. Horncastle (1972), 4 N.B.R.(2d) 821; 8 C.C.C.(2d) 253, folld. [para. 26].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2 [para. 8]; sect. 496(1) [para. 3].

Department of the Attorney General Act, R.S.A. 1870, c. 95, sect. 4 [para. 27].

Public Service Act, R.S.A. 1970, c. 298, sect. 45 [para. 28].

Counsel:

A.G. Park, for the Crown;

W.I.C. Wuttunee, for the accused.

The judgment of MOSHANSKY, J., of the Trial Division of the Alberta Supreme Court was delivered orally at Calgary, Alberta on March 21, 1978.