R. v. Thibault, (1981) 29 A.R. 194 (ProvCt)

• Judge: Patterson, J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 10, 1981
• Citations: (1981), 29 A.R. 194 (ProvCt)

R. v. Thibault (1981), 29 A.R. 194 (ProvCt)

MLB headnote and full text

R. v. Thibault

Indexed As: R. v. Thibault

Alberta Provincial Court

Patterson, J.

February 10, 1981.

Summary:

The accused brought an application to quash an information, because it was not sworn on or before the due date of an appearance notice.

The Alberta Provincial Court dismissed the application.

Criminal Law - Topic 3257

Compelling appearance, detention and release - Appearance notice - Laying of information after issue of appearance notice - An information was sworn subsequent to the return date in an appearance notice - A summons then issued - The Alberta Provincial Court held that the appearance notice became a nullity on the return date and there was thus no charge against the accused - The subsequent information and summons constituted a valid new proceeding - See paragraphs 6 to 9.

Criminal Law - Topic 4486

Procedure - Trial - Stay of proceedings - The Alberta Provincial Court held that, if the court has a right to stay proceedings regularly constituted, it is not a right to be recognized as exercisable by inferior courts, but only by a superior court on appeal - See paragraph 10.

Cases Noticed:

R. v. Andruchow, [1977] 4 W.W.R. 229; 6 A.R. 18, consd. [para. 7].

R. v. Krannenburg, [1980] 2 W.W.R. 651; 31 N.R. 206; 20 A.R. 504, dist. [para. 8].

R. v. Doyle, [1977] 1 S.C.R. 597; 9 N.R. 285; 10 Nfld. & P.E.I.R. 45; 17 A.P.R. 45; 29 C.C.C.(2d) 177; 35 C.R.N.S. 1, refd to. [para. 9].

R. v. Osborn (1970), 1 C.C.C.(2d) 482, refd to. [para. 10].

R. v. Rourke (1977), 35 C.C.C.(2d) 129; 16 N.R. 181, refd to. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 451(b), sect. 452(1)(e) [para. 4]; sect. 455.1 [paras. 5, 6]; sect. 440.1 [para. 8].

Counsel:

A. Skinner, for the Crown;

R. Pollick, for the accused.

This case was heard before PATTERSON, J., of the Alberta Provincial Court, at Beaverlodge, Alberta, on February 10, 1981.

The oral judgment of PATTERSON, J., was delivered on February 10, 1981.