R. v. Stone, (1970) 1 Nfld. & P.E.I.R. 363 (NFCA)
Judge | Puddester, J. |
Court | Court of Appeal (Newfoundland) |
Case Date | March 03, 1970 |
Jurisdiction | Newfoundland 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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