R. v. Smith, (1976) 1 A.R. 599 (TD)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 26, 1976
• Jurisdiction: Alberta
• Citations: (1976), 1 A.R. 599 (TD)

R. v. Smith (1976), 1 A.R. 599 (TD)

MLB headnote and full text

R. v. Smith

Indexed As: R. v. Smith

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Milvain, C.J.T.D.

November 26, 1976.

Summary:

This headnote contains no summary.

Criminal Law - Topic 3602

Preliminary inquiry - Adjudication - Duty of judge respecting committal or discharge - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 475 - The Alberta Supreme Court, Trial Division, stated that the test of whether an accused should be committed for trial was whether there was evidence which could, if believed, result in a conviction - The Trial Division found that the provincial judge acted within his jurisdiction under s. 475 of the Criminal Code in committing the accused for trial, where there was evidence to support the charge.

Criminal Law - Topic 3604

Preliminary inquiry - Adjudication - Judicial review of committal order - The Alberta Supreme Court, Trial Division, held that the only ground for attacking a committal order is lack of jurisdiction - The Trial Division found that the provincial judge acted within his jurisdiction under s. 475 of the Criminal Code, R.S.C. 1970, c. C-34, in committing the accused for trial, where there was evidence to support the charge.

Cases Noticed:

U.S.A. v. Shephard (1976), 9 N.R. 215; 34 C.R.N.S. 207, appld. [para. 2].

Patterson v. The Queen (1970), 72 W.W.R. (N.S.) 35, appld. [para. 3].

Mitchell and Maynes v. A.G. Alberta, [1976] 5 W.W.R. 469, folld. [para. 5].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 475 [para. 4].

Counsel:

D.M. McDonald, for the Crown;

C.S. Brooker, for the applicant.

The motion to quash a committal for trial with certiorari in aid was heard at Calgary, Alberta, before MILVAIN, C.J.T.D., of the Alberta Supreme Court, Trial Division.

On November 26, 1976, MILVAIN, C.J.T.D., delivered the following judgment: