R. v. Horne & Pitfield Foods Ltd.

1.

McIntyre J.‑‑This is an appeal from a judgment of the Court of Appeal of Alberta. On May 7, 1981 an information was sworn by a police constable alleging that the respondent had unlawfully sold goods on a Sunday, contrary to the provisions of the Lord’s Day Act, R.S.C. 1970, c. L‑13. The day before, leave to commence the prosecution had been given as required by s. 16 of the Act. The fiat granting leave was in the name of the Attorney General for the Province of Alberta, but was signed by one E.

2. In the provincial court the information was quashed for lack of authority on the part of Mr. Gamache. On January 20, 1982 an application for mandamus to direct the magistrate to proceed with the hearing of the information was dismissed in the Court of Queen's Bench. On June 17, 1982 an appeal was dismissed in the Court of Appeal.

3. I am not persuaded that there was error in the disposition of the issue arising in this case in the Court of Appeal. I would, accordingly, dismiss the appeal with costs.