R. v. Stone, (1970) 1 Nfld. & P.E.I.R. 363 (NFCA)

JudgePuddester, J.
CourtNewfoundland Court of Appeal
Case DateMarch 03, 1970
JurisdictionNewfoundland and Labrador
Citations(1970), 1 Nfld. & P.E.I.R. 363 (NFCA)

R. v. Stone (1970), 1 Nfld. & P.E.I.R. 363 (NFCA)

MLB headnote and full text

R. v. Stone

Indexed As: R. v. Stone

Newfoundland Supreme Court

On Appeal

Puddester, J.

March 3, 1970.

Summary:

Appeal by way of trial de novo from conviction by Magistrate on a charge under Section 224 of the Criminal Code.

Civil Rights - Topic 4380

Bill of rights - Protection against self-incrimination - Incriminating conditions of the body - Criminal Code - Breathalyzer test - Sections 222, 223 and 224 of the Criminal Code do not infringe section 2(d) of the canadian bill of rights by compelling self-incrimination - (Newfoundland Court of Appeal).

Statutes - Topic 6667

Operation and effect - Commencement, duration and repeal - Proclamation of a part of a statute - Constitutional law - Criminal law - Statute - Proclamation - Statute providing that Act or any of its provisions to come into force on date to be fixed by proclamation - Governor-in-council proclaiming Act save certain subsections - Amendments so proclaimed validly brought into force - (Newfoundland Court of Appeal).

Cases Noticed:

Reference re Proclamation of Section 16 of the Criminal Law Amendment Act, 1968-69, (1970) S.C.R. 777; 10 D.L.R. (3d) 699, folld.

Statutes Noticed:

Canadian Bill of Rights, S.C. 1960, c. 44, sect. 1(a), sect. 2(d), sect. 3.

Criminal Code of Canada, S.C. 1953-54, c. 51, sect. 222, sect. 223, sect. 224, sect. 224A.

Counsel:

F. Bishop, for the plaintiff;

C.K. Wells, for the defendant.

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