R. v. Pfeiffer
The appeal is dismissed because the support order and support deduction order were valid and remained in force, their lawfulness cannot be challenged in this collateral proceeding, and section 7(1) of the Charter does not apply to allow such a challenge here; the appropriate remedy is a direct appeal of the order...
Source-derived case information.
- Citation
- 2007 ONCA 328
- Parties
- Appellant: Douglas Ralph Pfeiffer; Respondent: Her Majesty the Queen in Right of the Province of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 May 2007
- Procedural Posture
- Criminal / Appeal From Judgment of Justice L. M. Walters Dated September 25, 2006
- Outcome
- Appeal dismissed
- Legal Topics
- Support Order, Support Deduction Order, Collateral Attack, Charter S.7
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Ralph Pfeiffer
Appellant
Her Majesty the Queen in Right of the Province of Ontario
Respondent
Procedural Posture
Criminal / Appeal From Judgment of Justice L. M. Walters Dated September 25, 2006
Legal Issues
- 1 Whether the appellant may challenge the lawfulness of a support order and support deduction order in this proceeding
- 2 Whether section 7(1) of the Charter applies to the circumstances
- 3 Whether the support order and deduction order remained valid and in force
Ratio Decidendi
The appeal is dismissed because the support order and support deduction order were valid and remained in force, their lawfulness cannot be challenged in this collateral proceeding, and section 7(1) of the Charter does not apply to allow such a challenge here; the appropriate remedy is a direct appeal of the order itself.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Support order and support deduction order remain valid and in force
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Pfeiffer Collection Decisions of the Court of Appeal Date 2007-05-01 Neutral citation 2007 ONCA 328 Docket numbers C46114 Judges McMurtry, Roy; Juriansz, Russell G.; Rouleau, Paul S. Subject Criminal Decision Content CITATION: R. v. Pfeiffer, 2007 ONCA 328 DATE: 20070501 DOCKET: C46114 COURT OF APPEAL FOR ONTARIO McMURTRY C.J.O., JURIANSZ and ROULEAU JJ.A. BETWEEN: DOUGLAS RALPH PFEIFFER Plaintiff/Appellant And HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO Defendant/Respondent Douglas Pfeiffer, in person Amy Leamen and William J. Manuel for the respondent April 30, 2007 On appeal from the judgment of Justice L. M. Walters dated September 25, 2006. ENDORSEMENT [1] This appeal must be dismissed for the reasons given by Walters J. The support order and support deduction order issued by Flynn J. were valid and remained in force. The question whether that order was made lawfully cannot be raised in this proceeding. It can only be raised in an appeal of the order itself. [2] We agree with Walters J. that s. 7(1) does not apply to the circumstances of this case. [3] In the circumstances, there will be no order as to costs. “R. Roy McMurtry C.J.O.” “R. Juriansz” “Paul Rouleau”