Atkinson v. R.

[1978] 1 SCR 1018 Court SCC Decision date 1977-11-29 English

PartiesJoseph John Atkinson Appellant·Her Majesty The Queen Respondent

Counsel (4)

R.G. Carbert and M. Werier, for the appellant.
S. Froomkin, Q.C., and B.A. MacFarlane, for the respondent.
Solicitors for the appellant: Norton, Schwartz, Weinberg, Winnipeg.
Solicitor for the respondent: S.M. Froomkin, Ottawa.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves

Delivered by Majority

On appeal from Manitoba

Subjects Criminal law

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—This Court, the Chief Justice, Pigeon, Beetz and Pratte JJ. dissenting, is of the opinion that since no plea was taken after the re-election permitted by the Magistrate, there was no legal trial and hence the judgment of the

[Page 1019]

Manitoba Court of Appeal and the acquittal by the Magistrate are set aside.

Judgment accordingly.

Solicitors for the appellant: Norton, Schwartz, Weinberg, Winnipeg.

Solicitor for the respondent: S.M. Froomkin, Ottawa.

Footnotes

[1] (1976), 32 C.C.C. (2d) 361, 36 C.R.N.S. 255.