R. v. Hemlock Park Co-operative Ltd.

R. v. Hemlock Park Co-operative Ltd.

Although proceedings under s.30(2) of the Combines Investigation Act are criminal in nature, the statutory context demonstrates that "information" in this Act is not equivalent to an "indictment" under the Criminal Code; Parliament expressly authorized informations in the Exchequer Court for orders of prohibition and the absence of specific Exchequer Court criminal rules did not invalidate the proceedings because the Court may determine appropriate procedure and s.3 of the Act protects against form defects, therefore the Exchequer Court had jurisdiction and should have granted the prohibition order.

Citation
[1974] SCR 123
Parties
Appellant/plaintiff: Her Majesty The Queen; Respondent/defendant: Hemlock Park Co-operative Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 February 1972
Procedural Posture
Appeal From Exchequer Court Concerning Criminal Proceedings Under the Combines Investigation Act (motion for Order of Prohibition) / On Appeal to the Supreme Court of Canada
Outcome
Appeal allowed; judgment of Exchequer Court reversed
Legal Topics
Combines Investigation Act Procedure, Meaning of Information Vs Indictment, Jurisdiction of Exchequer Court to Issue Prohibition Orders, Procedural Form and Validity
Source Language
English
Competition Law Criminal Procedure Court Jurisdiction Combines Investigation Act Procedure Meaning of Information Vs Indictment Jurisdiction of Exchequer Court to Issue Prohibition Orders Procedural Form and Validity

Case Brief

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Parties

Her Majesty The Queen

Appellant/plaintiff

Hemlock Park Co-operative Limited

Respondent/defendant

Procedural Posture

Appeal From Exchequer Court Concerning Criminal Proceedings Under the Combines Investigation Act (motion for Order of Prohibition) / On Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether proceedings under s.30(2) of the Combines Investigation Act are criminal and whether "information" in that context means "indictment" under the Criminal Code
  2. 2 Whether the Exchequer Court could hear proceedings commenced by information and issue an order of prohibition despite lacking specific criminal rules
  3. 3 Whether use of civil forms or absence of special rules invalidates proceedings under the Act

Ratio Decidendi

Although proceedings under s.30(2) of the Combines Investigation Act are criminal in nature, the statutory context demonstrates that "information" in this Act is not equivalent to an "indictment" under the Criminal Code; Parliament expressly authorized informations in the Exchequer Court for orders of prohibition and the absence of specific Exchequer Court criminal rules did not invalidate the proceedings because the Court may determine appropriate procedure and s.3 of the Act protects against form defects, therefore the Exchequer Court had jurisdiction and should have granted the prohibition order.

Court Disposition

Appeal allowed; judgment of Exchequer Court reversed

Orders

  • Appeal allowed; order of prohibition to be issued as prayed for by the Attorney General under s.30(2) of the Combines Investigation Act