Present: Dickson C.J.
and Lamer, La Forest, L'Heureux‑Dubé, Sopinka, Gonthier and
Cory JJ.
on appeal from the court of appeal for
quebec
Courts ‑‑
Charter of Rights ‑‑ Legal rights ‑‑ Independent court.
Constitutional law ‑‑
Charter of Rights ‑‑ Legal rights ‑‑ Independent court ‑‑
Whether the issuance of a summon by a justice of the peace whose appointment
may be revoked at any time by the provincial Minister of Justice violates the
right of the accused person under s. 7 of the Charter ‑‑
Canadian Charter of Rights and Freedoms, ss. 7 , 24(1) ‑‑
Constitution Act, 1982, s. 52 ‑‑ Courts of Justice Act,
R.S.Q., c. T‑16, s. 178 ‑‑ Summary Convictions Act,
R.S.Q., c. P‑15.
APPEAL from a
judgment of Beauregard J.A., rendered on May 22, 1987, on appeal from
a judgment rendered by the Superior Court on a stated case[1]. Appeal dismissed.
Harvey W. Yarosky and Pierre de Grandpré, Q.C.,
for the appellant.
Jacques Breton and Jean Lorrain, for the
respondent.
Paul Monty and Marise Visocchi, for the
mis en cause and intervener the Attorney General of Quebec.
Bernard Laprade and Myriam Bordeleau, for the
intervener the Attorney General of Canada.
W. J.
Blacklock, for the
intervener the Attorney General for Ontario.
R. H. Davie,
Q.C., and Stanley
Rutwind, for the intervener the Attorney General for Alberta.
The judgment of the
Court was delivered orally by
The
Chief Justice ‑‑
It will not be necessary to hear you, Mr. Breton, as we are all of the
opinion that this appeal must be dismissed. Justice Lamer will deliver the
judgment of the Court.
Lamer
J. ‑‑
Assuming, without deciding, that the Canadian Charter of Rights and Freedoms
applied to this case throughout, we are nevertheless all of the view that this
appeal must fail. None of the sections of the Courts of Justice Act,
R.S.Q., c. T‑16, applicable to justices of the peace, including
s. 178, have been the object in this case of a challenge under s. 52
of the Constitution Act, 1982 .
The appellant's
sole attack is therefore under s. 24(1) of the Charter . There is,
in this case, no evidence that Justice of the Peace Lise Collin in the exercise
of her duties under the Summary Convictions Act, R.S.Q., c. P‑15,
violated any of the appellant's rights under s. 7 of the Charter .
The appeal is
accordingly dismissed. There shall be no order as to costs.
Judgment
accordingly.
Solicitors for the
appellant: Yarosky, Fish, Isaacs & Daviault, Montréal; de
Grandpré, Godin, Paquette, Lasnier & Alary, Montréal.
Solicitors for the
respondent: Dupont, Breton, Proulx & Associates, Montréal.
Solicitors for the
mis en cause and intervener the Attorney General of Quebec: Paul
Monty and Marise Visocchi, Ste‑Foy.
Solicitor for the
intervener the Attorney General of Canada: John C. Tait,
Ottawa.
Solicitors for the
intervener the Attorney General for Ontario: W. J. Blacklock
and Renée Pomerance, Toronto.
Solicitors for the
intervener the Attorney General for Alberta: R. H. Davie and
Stanley Rutwind, Edmonton.
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