In re Vancini

In re Vancini

The amendment to Criminal Code s.785 (63 Vict. c.46) validly extended summary trial jurisdiction to police and stipendiary magistrates and recorders in other provinces; Parliament may validly impose federal criminal adjudicative duties on provincial courts or officers without provincial enabling legislation; therefore the magistrate had jurisdiction and the habeas corpus application properly refused.

Citation
(1904) 34 SCR 621
Parties
Appellant/prisoner: Henky Vancini; Respondent: Attorney-General for Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1904
Procedural Posture
Criminal Appeal Arising From Habeas Corpus Application / Appeal From Chambers Order Refusing Writ of Habeas Corpus
Outcome
Appeal dismissed; application for writ of habeas corpus refused
Legal Topics
Summary Trial, Jurisdiction of Magistrate, Habeas Corpus, Division of Legislative Powers, Criminal Code S.785
Source Language
English
Criminal Law Constitutional Law Judicial Organization Summary Trial Jurisdiction of Magistrate Habeas Corpus Division of Legislative Powers Criminal Code S.785

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Parties

Henky Vancini

Appellant/prisoner

Attorney-General for Canada

Respondent

Procedural Posture

Criminal Appeal Arising From Habeas Corpus Application / Appeal From Chambers Order Refusing Writ of Habeas Corpus

Legal Issues

  1. 1 Whether Criminal Code s.785 as amended (63 Vict. c.46) operates in provinces without Courts of General Sessions of the Peace
  2. 2 Whether Parliament of Canada can confer criminal jurisdiction on provincial magistrates/courts without supplementary provincial legislation

Ratio Decidendi

The amendment to Criminal Code s.785 (63 Vict. c.46) validly extended summary trial jurisdiction to police and stipendiary magistrates and recorders in other provinces; Parliament may validly impose federal criminal adjudicative duties on provincial courts or officers without provincial enabling legislation; therefore the magistrate had jurisdiction and the habeas corpus application properly refused.

Court Disposition

Appeal dismissed; application for writ of habeas corpus refused

Orders

  • Appeal dismissed
  • Application for writ of habeas corpus refused