Supreme Court of Canada
Lewis v. Director of Archambault Institution, [1977] 2
S.C.R. 412
Date: 1977-06-21
Harry Lewis Appellant;
and
The Director of
Archambault Institution Respondent.
1977: June 21.
Present: Laskin C.J. and Martland, Judson,
Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpré JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR
QUEBEC
Criminal law—Legality of detention—Warrant
of commital not necessary—Certificate of conviction sufficient—Habeas
corpus—Penitentiary Act, R.S.C. 1970, c. P-6, s. 13(7)(a).
APPEAL from a judgment of the Court of Appeal
of Quebec confirming a judgment
of the Superior Court dismissing an application in habeas corpus. Appeal
dismissed.
Jay Rumanek, for the appellant.
Jack Waissman, for the respondent.
The judgment of the Court was delivered orally
by
THE CHIEF JUSTICE—We do not need to hear you,
Mr. Waissman. We are all of the opinion that the accused, having been
lawfully convicted and sentenced as shown by a certificate to that effect, is
in lawful custody pursuant to what is now s. 13(7)(a) of the Penitentiaries
Act, R.S.C. 1970, c. P-6. We are in agreement with the Quebec Court of
Appeal, and this appeal is accordingly dismissed.
Appeal dismissed.
Solicitor for the appellant: Jay Rumanek,
Montreal.
Solicitor for the respondent: Jack
Waissman, Montreal.
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