Judgment of the Court
FAUTEUX J.:-By judgment rendered, in the Supreme Court of British Columbia, at the city of Vancouver, June 19, 1967, Mr. Justice Dohm found the applicants, namely The United Fishermen & Allied Workers' Union and its executive officers, H. (Steve) Stavenes and Homer Stevens, guilty of the criminal offence of contempt of court in that they had deliberately defied and challenged the Court by their conduct and sought to bring it into contempt. Proceeding then to pronounce the sentence, the learned judge imposed on the Union a fine of $25,000 and on Stavenes and Stevens, a sentence of imprisonment for a term of twelve months.
The applicants appealed to the Court of Appeal for British Columbia' from their conviction and from their respective sentence. By a unanimous judgment rendered at Victoria, on November 7, 1967, the Court of Appeal dismissed their appeal from conviction and by a unanimous judgment rendered on November 21, 1967, it dismissed their appeal from sentence.
The applicants now seek to obtain leave to appeal to this Court from these two judgments.
As to the application to appeal from conviction:-Virtually all the grounds, raised before us by applicants, are dealt with in the reasons for judgment of Chief Justice Davey who rejected them, and in our view properly so, as illfounded. With respect to the other points submitted to us by applicants, we are also of opinion that they are devoid of merit. Hence, the application for leave to appeal from conviction should be dismissed.
As to the application for leave to appeal from sentence:- This application cannot be entertained, for, as decided in Goldhar v. The Queen', and consistently held ever since, as well as prior to that decision, this Court is not competent to entertain an appeal against a sentence imposed for a criminal offence. The application for leave to appeal from sentence should also be dismissed.