Lee v. The King

Lee v. The King

Habeas corpus proceedings challenging detention under a deportation warrant issued pursuant to s.25 of the Opium and Narcotic Drug Act are proceedings arising out of a criminal charge within the meaning of s.36 of the Supreme Court Act; therefore the Supreme Court of Canada lacked jurisdiction to hear the appeal and...

Source-derived case information.

Citation
[1926] SCR 652
Parties
Appellant/defendant: Jungo Lee; Respondent/plaintiff: His Majesty The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 November 1926
Procedural Posture
Criminal Appeal (habeas Corpus/deportation) / Motion to Quash Appeal Before Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Motion granted; appeal quashed for want of jurisdiction
Legal Topics
Deportation, Habeas Corpus, Jurisdiction of Appellate Court, Statutory Interpretation, Consequence of Conviction for Aliens
Source Language
english
Criminal Law Immigration Law Constitutional/jurisdictional Law Procedural Law Deportation Habeas Corpus Jurisdiction of Appellate Court Statutory Interpretation +1 more

Source-derived case record

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Parties

Jungo Lee

Appellant/defendant

His Majesty The King

Respondent/plaintiff

Procedural Posture

Criminal Appeal (habeas Corpus/deportation) / Motion to Quash Appeal Before Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether habeas corpus proceedings to test detention pending deportation after conviction "arise out of a criminal charge" within s.36 of the Supreme Court Act
  2. 2 Whether the Supreme Court of Canada has jurisdiction to hear an appeal from habeas corpus proceedings concerning detention under a deportation warrant issued pursuant to s.25 of the Opium and Narcotic Drug Act, 1923

Ratio Decidendi

Habeas corpus proceedings challenging detention under a deportation warrant issued pursuant to s.25 of the Opium and Narcotic Drug Act are proceedings arising out of a criminal charge within the meaning of s.36 of the Supreme Court Act; therefore the Supreme Court of Canada lacked jurisdiction to hear the appeal and the appeal was quashed.

Court Disposition

Motion granted; appeal quashed for want of jurisdiction

Orders

  • Motion to quash the appeal granted; appeal dismissed for lack of jurisdiction