Supreme Court of Canada
Johnston v. The Queen, [1978] 2 S.C.R. 391
Date: 1978-02-27
Albert Glen Johnston Appellant;
and
Her Majesty The Queen Respondent.
1978: February 27.
Present: Laskin C.J. and Martland, Ritchie, Spence, Pigeon, Dickson, Beetz, Estey and Pratte JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES
Criminal law—Accused convicted for impaired driving prior to repeal and substitution of s. 236 of the Criminal Code by s. 17 of the Criminal Law Amendment Act, 1974-75-76, c. 93—New section containing mandatory imprisonment provisions for second offence—Accused again convicted for impaired driving after new section proclaimed—Second offence—Sentence of imprisonment confirmed.
APPEAL from a judgment of the Court of Appeal for the Northwest Territories, dismissing an appeal from a judgment of Tellis J. Appeal dismissed.
P. Ayotte, for the appellant.
E.G. Ewaschuk, for the respondent.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We do not need to hear you, Mr. Ewaschuk. We are all of the opinion that the Northwest Territories Court of Appeal came to a correct conclusion for the reasons given by Mr. Justice Clement. The appeal is accordingly dismissed and the certificate of judgment remitted to the Northwest Territories Court of Appeal to be reformed as to the times for which and within which and the place at which the sentence is to be served.
Judgment accordingly.
Solicitors for the appellant: Ayotte, Cooper, Geldreich, Johnson & Stefura, Yellowknife.
Solicitor for the respondent: O.J.T. Troy, Yellowknife.
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