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R. v. Dubasz

[1994] 3 SCR 759 Court SCC Decision date 1994-11-10 Docket 23978 English

PartiesHer Majesty The Queen Appellant·William John Dubasz Respondent

Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank; Major, John C.

Decision 4–1 Foisy J. (4) · Sopinka J. (1)

On appeal from Alberta

Subjects Criminal law

Contents

Foisy J.

The judgment of the Court was delivered orally by

Sopinka J.

Sopinka J. ‑‑ For the reasons of Foisy J.A., dissenting, in the Court of Appeal, we agree that the majority of the Court of Appeal erred in setting aside the conviction. The appeal is allowed, the judgment of the Court of Appeal is set aside and the conviction at trial is restored. The matter is remitted to the Court of Appeal to deal with the appeal as to sentence.
Judgment accordingly.
Solicitor for the appellant: Paul C. Bourque, Edmonton.
Solicitors for the respondent: Nickerson Roberts, Edmonton.