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.