Supreme Court of Canada
Walden v. The Queen, [1980] 2 S.C.R. 365
Date: 1980-12-03
Frank Walden Appellant;
and
Her Majesty The Queen Respondent.
1980: December 3.
Present: Martland, Ritchie, Estey, Chouinard and Lamer JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Criminal law—Jurisdiction—Alleged contravention of s. 3(1) of the Postal Services Continuation Act, 1978 (Can.), c. 1—Charge of contravening Act of Parliament—Whether any evidence before trial judge on which jury might reasonably conclude charge proved—Criminal Code, R.S.C 1970, c. C-34, s. 115(1).
APPEAL by the accused from a judgment of the Court of Appeal for British Columbia[1], allowing the Crown’s appeal from a directed verdict of acquittal on a charge under s. 115(1) of the Criminal Code[2] and directing that a new trial be held. Appeal dismissed.
S. Rush, for the appellant.
M.M. de Weerdt, Q.C., and W. Heinrich, for the respondent.
The judgment of the Court was delivered orally by
MARTLAND J.—We are all in agreement with the specific reasons stated by McFarlane J.A. in the Court of Appeal for allowing the Crown’s appeal to that Court. Accordingly the appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: Stuart Rush, Vancouver.
Solicitor for the respondent: Roger Tassé, Ottawa.