R. v. Sajba, (1981) 10 Sask.R. 261 (ProvCt)

• Judge: Smith, J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 03, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 10 Sask.R. 261 (ProvCt)

R. v. Sajba (1981), 10 Sask.R. 261 (ProvCt)

MLB headnote and full text

R. v. Sajba

Indexed As: R. v. Sajba

Saskatchewan Provincial Court

Smith, J.

June 3, 1981.

Summary:

The accused allegedly stole a package of sausages from an O.K. Economy store and was charged with shoplifting under s. 294(b) of the Criminal Code. O.K. Economy was the only retail business in the community which did not participate in a Mediation-Diversion program. The accused brought a preliminary objection and sought to quash the information based on inequality before the law.

The Saskatchewan Provincial Court dismissed the objection, but recommended adjournment to allow counsel to consider resolving the matter through the program.

Criminal Law - Topic 22

General principles - Prosecution of crime - Function of the Crown prosecutor and Attorney General - The Saskatchewan Provincial Court stated that the discretion of the Crown prosecutor to prosecute or withdraw an information is a judicial or quasi-judicial function and as such cannot be supervised by the provincial court - The court stated that the proper procedural remedy is through a prerogative writ - See paragraphs 9 and 12.

Civil Rights - Topic 8007

Canadian Bill of Rights - Principles of operation and interpretation - Equality before the law - The accused, who was charged with shoplifting at a store which did not participate in a Mediation-Diversion program, sought to quash the information based on inequality before the law - The Saskatchewan Provincial Court stated that the question of inequality under the Bill of Rights or abuse of process must be considered at the conclusion of the trial and not as a preliminary objection - See paragraphs 9 and 11.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 732(1) [para. 10].

Counsel:

Fred Luberti, for the Crown;

R.A. Watson, for the accused.

This case was heard before SMITH, J., of the Saskatchewan Provincial Court. The oral decision of SMITH, J., was delivered at Regina, Saskatchewan, on June 3, 1981.