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R. v. Doz, [1987] 2 S.C.R. 463

 

Samuel Doz       Appellant

 

v.

 

Her Majesty The Queen   Respondent

 

and

 

The Attorney General for Ontario and the Attorney General of Quebec Interveners

 

indexed as: r. v. doz

 

File No.: 19471.

 

1987: October 19.

 


Present: Beetz, Estey, McIntyre, Lamer, Wilson, Le Dain and L'Heureux‑Dubé JJ.

 

on appeal from the court of appeal for alberta

 

                   Criminal law ‑‑ Contempt of court ‑‑ Lawyer cited for contempt of court ‑‑ Jurisdiction ‑‑ Whether Provincial Court judge has jurisdiction to entertain a proceeding for contempt before another judge.

 

                   APPEAL from a judgment of the Alberta Court of Appeal (1985), 59 A.R. 185, 37 Alta. L.R. (2d) 253, 19 C.C.C. (3d) 434, dismissing an appeal by the appellant from his conviction for contempt of court. Appeal allowed.

 

                   Eileen Crane, for the appellant.

 

                   J. Steven Koval, Q.C., for the respondent.

 

                   Howard F. Morton, Q.C., and Denise Bellamy, for the intervener the Attorney General for Ontario.

 

                   Jacques Gauvin, for the intervener the Attorney General of Quebec.

 

                   The judgment of the Court was delivered orally by

 

1.                Beetz J.‑‑We are all of the view that the Provincial Court judge had no jurisdiction to entertain a proceeding for contempt before another judge.

 

2.                The appeal is allowed, the judgment of the Alberta Court of Appeal is set aside and the conviction entered by the trial judge is quashed.

 

3.                It becomes unnecessary to answer the constitutional questions.

 

                   Judgment accordingly.

 

                   Solicitor for the appellant: Eileen Crane, Edmonton.

 

                   Solicitor for the respondent: J. Steven Koval, Edmonton.

 

                   Solicitor for the intervener the Attorney General for Ontario: The Ministry of the Attorney General, Toronto.

 

                   Solicitor for the intervener the Attorney General of Quebec: The Attorney General of Quebec, Ste‑Foy.  

 

 

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