Canadian Criminal Cases Annotated Volume 3

Canadian Criminal Cases Annotated Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...criminal causes, and the court never adjourns to pass from the hearing of a cause on the Crown side to one on the plea side. By the Criminal Code, the cases reserved and the appeals are to be heard by the " court of appeal," which, by the interpretation section, means the Supreme Court. The Crown rules provide for motions to be heard by the Supreme Court in banco in a number of cases, but the Crown rules do not exhaust the subject of the powers of the Supreme Court on its Crown side. I must refer to 2 Hawkins' Pleas of the Crown, c. 3, to show how extensive that jurisdiction was. The procedure by motion on the Crown side is provided for. Now the question arises whether an application to set aside this defective order is to be made to the Supreme Court sitting in banco, or to the Supreme Court sitting for criminal trials in March or October. When did the Supreme Court, having the extensive power and jurisdiction of the Court of Queen's Bench on its Crown side, lose the power to set aside an order granting an execution which will be its execution, and which will amount to an abuse of its process? Surely not by reason of the judicature rule to which I have referred, which provides that there shall be "two sittings for criminal trials." It must be the Supreme Court sitting in banco which has the residuum of power, and the Supreme _Court sitting for criminal trials which has only the power expressly given to it. Then there is the case of In re Sproule, 12 Can. S. C. R. 140. That decision enables this court, sitting in banco, to say that it will not allow its process to be abused, as it would be by the issuing of an execution in pursuance of an order which is a nullity--an order which is not the order of more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 1236796381
  • 9781236796387