Sterner v. Vander Kracht

[1982] 1 SCR 173 Court SCC Decision date 1982-02-11 Docket 16572 English

PartiesAdolph August Sterner Appellant·Cpl. George Charles Vander Kracht for and on behalf of Her Majesty The Queen Respondent

Counsel (4)

Ernest A. Hawrish and Mark Brayford, for the appellant.
Kenneth MacKay, for the respondent.
Solicitors for the appellant: Hawrish & Hawrish, Saskatoon.
Solicitor for the respondent: Kenneth MacKay, Regina.

Judges Laskin, Bora; Ritchie, Roland Almon; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio

Delivered by Majority

On appeal from Saskatchewan

Subjects Criminal law

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. MacKay. We regard s. 663(4)(a), (b) and (c) as administrative provisions which are delegable, once the probation order is made by the presiding judge. In this particular case, the accused was advised of the consequences of a breach of the probation order by the Deputy Clerk and indeed, on the facts, knew of the consequences. It was not necessary that he be made aware by the judge personally. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Hawrish & Hawrish, Saskatoon.

Solicitor for the respondent: Kenneth MacKay, Regina.

Statutes and regulations cited

Unresolved citations
- s. 663(4)(a)
- (b)
- (c)