R. v. Moore

[1983] 1 SCR 658 Court SCC Decision date 1983-05-17 Docket 17562, 17614 English

PartiesHer Majesty The Queen Appellant·Marlene Moore Respondent·Donald Oag Appellant·Her Majesty The Queen, the National Parole Board and Robert Benner, the warden of the Edmonton Institution Respondents

Counsel (8)

I.G. Whitehall, Q.C., for the appellant Her Majesty The Queen.
David P. Cole and Allan S. Manson, for the respondent Moore.
Peter J. Royal, for the appellant Oag.
I.G. Whitehall, Q.C, and Graham Garton, for the respondents.
Solicitor for the appellant Her Majesty The Queen: R. Tassé, Ottawa.
Solicitor for the respondent Moore: David P. Cole, Toronto.
Solicitors for the appellant Oag: Freeland, Royal & McCrum, Edmonton.
Solicitor for the respondents: R. Tassé, Ottawa.

Judges Laskin, Bora; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha

Delivered by Majority

On appeal from Alberta

Subjects Criminal law

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that the Crown’s appeal against Marlene Moore fails and that the appeal of Oag must be allowed. It is our view that the judgment of Dubin J.A. in the Ontario Court of Appeal in the Moore case as extended by Seaton J.A. in the Truscott case, dated March 25, 1983, deals properly with the relevant sections of the Parole Act, R.S.C. 1970, c. P-2, and of the Penitentiary Act, R.S.C. 1970, c. P-6. It follows that Marlene Moore’s release stands, that the judgment of the Alberta Court of Appeal in respect of Oag must be set aside and that Oag is entitled to his immediate release.

Judgment accordingly.

Solicitor for the appellant Her Majesty The Queen: R. Tassé, Ottawa.

Solicitor for the respondent Moore: David P. Cole, Toronto.

Solicitors for the appellant Oag: Freeland, Royal & McCrum, Edmonton.

Solicitor for the respondents: R. Tassé, Ottawa.