Whitehead v. Ferris, P.C.J., and Saskatchewan (Attorney General), (1989) 76 Sask.R. 78 (QB)

• Judge: Wimmer, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 28, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 76 Sask.R. 78 (QB)

Whitehead v. Ferris, P.C.J. (1989), 76 Sask.R. 78 (QB)

MLB headnote and full text

Bruce Michael Whitehead (applicant) v. His Honour Judge T.W. Ferris, a Judge of the Provincial Court at Prince Albert, Saskatchewan, and Attorney General (Saskatchewan) (respondents)

(No. 125 A.D. 1989)

Indexed As: Whitehead v. Ferris, P.C.J., and Saskatchewan (Attorney General)

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Wimmer, J.

February 28, 1989.

Summary:

The Attorney General directed the entry of a stay of proceedings against 44 informations. The Provincial Court judge ignored the stays and adjourned the proceedings to a later date. The accused applied for an order directing the Provincial Court to abide by the stay of proceedings.

The Saskatchewan Court of Queen's Bench ordered the Provincial Court not to assume further jurisdiction over the matter.

Criminal Law - Topic 4486

Procedure - Trial - Stay of proceedings - A number of individuals were charged with being at large without excuse - They had been were released early by the corrections department - The Attorney General directed the entry of stay of proceedings - The Provincial Court judge opined that the stay was politically motivated and ignored the stay - The Saskatchewan Court of Queen's Bench prohibited the Provincial Court from assuming further jurisdiction over the matter - The court stated that the Crown possessed the discretion to end a prosecution at any time and that the courts had no jurisdiction to interfere with the exercise of that discretion.

Cases Noticed:

R. v. McKay, [1979] 4 W.W.R. 90; 5 Sask.R. 214 (C.A.), folld. [para. 4].

R. v. Allen (1862), 9 Cox C.C. 120; 121 E.R. 929, folld. [para. 4].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 24(2) [para. 7].

Criminal Code, R.S.C. 1970, c. C-34, sect. 133(1)(b) [paras. 1, 2]; sect. 579, sect. 795 [para. 4].

Counsel:

D. Claxton, for the applicant;

J. Field, for the respondents.

This application was heard by Wimmer, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judgment on February 28, 1989.