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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