← Cases

Ogg-Moss v. R.

[1984] 2 SCR 173 Court SCC Decision date 1984-09-17 Docket 16648 English

PartiesWilliam Ogg-Moss (Plaintiff) Appellant·Her Majesty The Queen (Defendant) Respondent

Counsel (4)
Ronald L. Doering, for the appellant.
S. Casey Hill and Kenneth L. Campbell, for the respondent.
Solicitor for the appellant: Ronald L. Doering, Ottawa.
Solicitor for the respondent: The Attorney General for the Province of Ontario, Toronto.

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

Delivered by Judgment of the Court

On appeal from Ontario

Subjects Criminal law

Contents

Judgment of the Court

The judgment of the Court was delivered by

Whether the Ontario Court of Appeal erred in holding that a Mental Retardation Counsellor charged with the daily care of profoundly mentally retarded persons are [sic] not in the place of a parent vis-à-vis these persons;

[Page 179]

whether the Ontario Court of Appeal erred in holding that a profoundly retarded person with the physical age of twenty-one and the mental age of five is not a “child” for the purposes of the application of Section 43 of the Criminal Code of Canada;
whether the Ontario Court of Appeal erred in holding that a Mental Retardation Counsellor charged with training mentally retarded persons in basic life skills are [sic] not schoolteachers and their charges not pupils in the circumstances of an institution for the mentally retarded;
whether the Ontario Court of Appeal erred in not ordering a new trial, having concluded that Section 43 of the Criminal Code had no application;
that the learned Justices of the Court of Appeal erred in law by basing their decision on a question of fact alone, when the jurisdiction of that Honourable Court was one of appeal restricted to questions of law alone, pursuant to Section 771(1) of the Criminal Code.

Statutes and regulations cited