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Terlecki v. The Queen

[1985] 2 SCR 483 Court SCC Decision date 1985-12-12 Docket 17641 English

PartiesHenry Terlecki Appellant·Her Majesty The Queen Respondent

Judges Dickson, Robert George Brian; Beetz, Jean; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.

Decision 6–1 Majority (6) · Dickson C.J. (1)

On appeal from Alberta

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Dickson C.J.

1. The Chief Justice‑‑We dismiss the appeal. We find no error in the Court of Appeal in construing the trial judge's not registering a conviction on the count of impaired driving under s. 234 of the Criminal Code as equivalent to entering a stay on the charge. We differ from the Court of Appeal only in that we would return the matter back to Stevenson Prov. Ct. J. rather than Moshansky J., the Appeal Court Judge, to consider whether to register a conviction on the s. 234 charge and if so, to impose sentence.
Judgment accordingly.
Solicitors for the appellant: MacPherson and Associates, Calgary.
Solicitor for the respondent: Attorney General for Alberta, Edmonton.

Statutes and regulations cited