R. v. Pasta, (1974) 6 N.R. 238 (FCA)

• Judge: Thurlow and Pratte, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 25, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 6 N.R. 238 (FCA)

R. v. Pasta (1974), 6 N.R. 238 (FCA)

MLB headnote and full text

R. v. Pasta

Indexed As: R. v. Pasta

Federal Court of Appeal

Thurlow and Pratte, JJ.

and MacKay, D.J.

October 25, 1974.

Summary:

This headnote contains no summary.

Torts - Topic 4085

Federal Court of Canada - Jurisdiction of the Federal Court of Appeal - Federal Court Act, s. 28(1) - Whether the decision of the minister pursuant to s. 10(7) of the Narcotic Control Act is a "judicial" decision and thereby reviewable by the Federal Court of Appeal pursuant to s. 28 - The Federal Court of Appeal held that such a decision was not a "judicial" decision and accordingly was not reviewable by the Federal Court of Appeal.

Words and Phrases

Judicial - The Federal Court of Appeal discussed the meaning of the word "judicial" as found in s. 10(7) of the Narcotic Control Act. S. 10(7) of the Narcotic Control Act states:

"(7) Where no application has been made for the return of any narcotic or other thing seized under subsection (1) within two months from the date of such seizure, or an application therefor has been made but upon the hearing thereof no order of restoration is made, the thing so seized shall be delivered to the Minister who may make such disposition thereof as he thinks fit."

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 10(7).

Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 28(1).

Counsel:

Johnathan Marler, for the applicant;

G.R. Garton, for the respondent.

This application was heard by the Federal Court of Appeal at Toronto, Ontario on October 25, 1974. Judgment was delivered by the Federal Court of Appeal from the bench at Toronto, Ontario on October 25, 1974.

The judgment of the Federal Court of Appeal was delivered by THURLOW, J.