Rioux, Re, (1979) 27 N.B.R.(2d) 105 (CA)

• Judge: Limerick, Bugold and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: August 31, 1979
• Jurisdiction: New Brunswick
• Citations: (1979), 27 N.B.R.(2d) 105 (CA)

Rioux, Re (1979), 27 N.B.R.(2d) 105 (CA);

    27 R.N.-B.(2e) 105; 60 A.P.R. 105

MLB headnote and full text

Sommaire et texte intégral

Re Rioux

Indexed As: Rioux, Re

Répertorié: Rioux, Re

New Brunswick Court of Appeal

Limerick, Bugold and Ryan, JJ.A.

August 31, 1979.

Summary:

Résumé:

This case arose out of a charge under the New Brunswick Game Act. The accused pleaded not guilty and the case was adjourned to January 30, 1979. On January 30, 1979, the trial judge granted an adjournment but failed to make a record of the adjournment. On April 3, 1979, the trial judge issued a new summons based on the original information. The accused applied to set aside the summons.

The New Brunswick Court of Appeal granted the application and set aside the summons because the trial judge lost jurisdiction over both the accused and the offence on January 30, 1979.

Criminal Law - Topic 2946

Jurisdiction - Loss of jurisdiction, failure to proceed on date fixed for trial - The New Brunswick Court of Appeal stated that a court loses all jurisdiction if on the trial date the court does not proceed and takes no action by way of adjournment (see paragraph 17).

Trials - Topic 1072

Summary convictions - Jurisdiction - Loss of jurisdiction, improper adjournment procedure - The accused was charged with an offence under the New Brunswick Game Act - The trial judge after taking a plea of not guilty adjourned the case to January 30, 1979 - On January 30, 1979, the trial judge granted an adjournment but failed to make a record of the adjournment - The New Brunswick Court of Appeal held that on January 30, 1979, the judge lost jurisdiction over the accused and over the offence.

Cases Noticed:

R. v. Light, [1969] 1 C.C.C. 46 (B.C.S.C.), dist. [para. 6].

R. v. Peters (1973), 24 C.R.N.S. 214 (B.C.C.A.), dist. [para. 7].

Re Groves (1972), 18 C.R.N.S. 136 (B.C.S.C.), ref'd to. [para. 12].

R. v. Moore, 42 C.C.C. 67 (N.S.S.C.), ref'd to. [para. 12].

Doyle v. R., 9 N.R. 285, [1977] 1 S.C.R. 597, ref'd to. [para. 17].

R. v. Budovitch (1969), 1 N.B.R.(2d) 163, ref'd to. [para. 18].

Counsel:

François Angers, for the appellant;

Roland Levesque, for the respondent.

This application was heard by LIMERICK, BUGOLD and RYAN, JJ.A., of the Appeal Division of the New Brunswick Supreme Court, at Fredericton, N.B., on June 5, 1979.

The judgment of the Appeal Division was delivered by LIMERICK, J.A., on August 31, 1979.