Supreme Court

Decision Information

R v Ross

Court Supreme Court
Date 1986-01-06
Other citations [1986] NWTR 101
File numbers SC 3533
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Statutes considered:
Canadian Charter of Rights and Freedoms, s. 7
Canadian Charter of Rights and Freedoms, s. 15
Constitution Act, 1982, s. 52
Criminal Code, R.S.C. 1970, c. C-34, s. 155
Criminal Code, R.S.C. 1970, c. C-34, s. 158
Decision information:

Summary: Motion to quash a count of buggery under s. 155 of the Criminal Code on grounds of the inconsistency of s. 155 and s. 158 of the Code with s. 7 and s. 15 ( 1 ) of the Canadian Charter of Rights and Freedoms, having reference to s. 52 ( 1 ) of the Constitution Act, 1982. Dismissed, with leave to the applicant to move on the basis of s. 15 ( 1 ) of the Charter at the end of the trial is so advised
Abstract: Application by accused to quash buggery charge as violating s. 7 and s. 15 of the Charter
Decision: Application dismissed
Keywords: Buggery
Quashing indictment
Charter violation
Inconsistency

Decision Content

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