R. v. Knapczyk

2016 SCC 10 [2016] 1 SCR 78 Court SCC Decision date 2016-03-23 Heard 2016-03-22 Docket 36612, 36613 English

PartiesHer Majesty The Queen Respondent

Counsel (3)

Solicitors for the appellant Alan Peter Knapczyk: Simon Renouf Professional Corporation, Edmonton.
Solicitors for the appellant John Reginald Alcantara: Evans Fagan Rice McKay, Calgary.
Solicitor for the respondent: Public Prosecution Service of Canada, Edmonton.

Judges McLachlin, Beverley; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Gascon, Clément; Côté, Suzanne; Brown, Russell

Delivered by McLachlin C.J. (Abella, Moldaver, Karakatsanis, Gascon, Côté and Brown JJ. concurring)

On appeal from Alberta

Contents

Reasons for Judgment — McLachlin C.J. (Abella, Moldaver, Karakatsanis, Gascon, Côté and Brown JJ. concurring)

The Chief Justice — We are agreed that the appeals should be dismissed. We agree with the following statement of the Court of Appeal:

On the correct application of the legal principles to the facts found by the trial judge, it is an inescapable conclusion that the respondents aided and abetted the offence of trafficking through distribution. Their acts prevented or hindered interference with the accomplishment of a criminal act. In this way, the respondents provided assistance and encouragement to Mr. Caines in the commission of the offence of trafficking. There is a clear link between the respondents’ acts and the commission of the offence. [para. 15]

The appeals are dismissed and the order of the Court of Appeal affirmed.