Supreme Court of Canada
Postman v. The Queen, [1978] 2 S.C.R. 392
Date: 1978-03-02
Rodney Glenn Postman Appellant;
and
Her Majesty The Queen Respondent.
1978: March 2.
Present: Laskin C.J. and Martland, Spence, Pigeon, Dickson, Estey and Pratte JJ.
ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION
Appeal—Supreme Court of Canada—No jurisdiction to hear appeal—Formal judgment of Court of Appeal specifying ground of dissent in law not contained in record—Court not satisfied reasons of dissenting judge disclose that he dissented on strict question of law—Criminal Code, R.S.C. 1970, c. C-34, s. 606.
APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, dismissing appellant’s appeal from his conviction of causing bodily harm to his infant daughter. Appeal quashed.
D.A. McGillivray, for the appellant.
P.S. Chrumka, Q.C., for the respondent.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We are all of the opinion that this Court has no jurisdiction to hear this appeal which purports to be brought here as of right. The record does not, as it should, contain the formal judgment of the Alberta Appellate Division specifying the ground of dissent in law, as required by s. 606 of the Criminal Code. Moreover, we are not satisfied that the dissenting reasons of Morrow J.A. disclose that he has dissented on a strict question of law. The appeal must accordingly be quashed.
Judgment accordingly.
Solicitor for the appellant: D.A. McGillivray, Calgary.
Solicitor for the respondent: P.S. Chrumka, Calgary.
Email this Content