Judgment of the Court
(Oral.)-The court is unanimously of opinion that there is no jurisdiction to entertain the appeal in this case.
1892, makes provision for appeals. to this court where there has been dissent in the Court of Appeal, but that appeal is given only as thereinafter provided; this proviso refers to section 750 the Criminal Code, by which such appeals are restrictod to cases where the judgment of the majority of the Court of Appeal has affirmed the conviction on an appeal under section 742. In the present case the Court of Appeal did not affirm the conviction, but the contrary quashed it and set it aside upon two the grounds raised by the appellant and directed a new trial upon the indictment. This distinguishes the case from that of McIntosh v. The Queen in which the decision appealed from was affirmed by the Court Queen's Bench.
In this case, although the majority the Court of Appeal affirmed the decision as to the admission of the confession in evidence against the The prisoner, and two of the judges who heard the appeal dissented from the view of the majority of the court upon that question, yet this difference of opinion and the questions raised as to the confession and whether it was improperly obtained, and what effect this opinion of the majority of the'Court of Appeal might have at the new trial of the prisoner, cannot in any manner affect the competence of this court.
The jurisdiction of this court depends entirely upon the statutes from which it derives its powers in both civil and criminal matters, and we are given no jurisdiction to hear appeals in criminal cases except in those where there has been not only an affirmance of the conviction, but also some dissent amongst the judges in the Court of Appeal.
We have been given no jurisdiction in cases where the Court of Appeal by a unanimous judgment has ordered a new trial.
In section 742 the word " opinion " must be construed as meaning the decision or judgment of the court as clearly appears on reading the context contained in the first sentence of the subsection in which that word is used.
The appeal must be quashed.
Appeal quashed. Solicitor for the appellant: Poirier 4- Leduc.
Selicitor for the respondent: L. J. Cannon.