Reference re Milgaard (Can.)
Because the Court's conclusions on the Reference, the federal Attorney General's order for a new trial and the provincial Attorney General's stay changed the justice context, the interests of justice no longer required summary treatment of Mr. Wilson's alleged misconduct under oath; the Court therefore stayed its contempt proceedings and left the question of prosecution to the appropriate prosecutorial authorities.
- Citation
- [1992] 1 SCR 875
- Parties
- Citizen Cited for Contempt/witness: Ronald Wilson; Referrer of the Reference: Governor in Council; Party (ordered New Trial): Attorney General of Canada; Party (entered Stay of Proceedings): Attorney General for Saskatchewan
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 4 June 1992
- Procedural Posture
- Reference Pursuant to S.53 Supreme Court Act / Citation for Contempt in the Course of a Reference; Contempt Proceedings Stayed
- Outcome
- Contempt proceedings against Ronald Wilson stayed.
- Legal Topics
- Miscarriage of Justice, Perjury, Stay of Proceedings, Prosecutorial Discretion, Reference to Supreme Court
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ronald Wilson
Citizen Cited for Contempt/witness
Governor in Council
Referrer of the Reference
Attorney General of Canada
Party (ordered New Trial)
Attorney General for Saskatchewan
Party (entered Stay of Proceedings)
Procedural Posture
Reference Pursuant to S.53 Supreme Court Act / Citation for Contempt in the Course of a Reference; Contempt Proceedings Stayed
Legal Issues
- 1 Whether the conduct of Ronald Wilson under oath in the Reference constituted contempt/perjury requiring summary adjudication
- 2 Whether the admission of new evidence and orders concerning a new trial and the provincial stay alter the appropriateness of summary contempt proceedings
- 3 Whether the decision to prosecute should be left to prosecutorial authorities
Ratio Decidendi
Because the Court's conclusions on the Reference, the federal Attorney General's order for a new trial and the provincial Attorney General's stay changed the justice context, the interests of justice no longer required summary treatment of Mr. Wilson's alleged misconduct under oath; the Court therefore stayed its contempt proceedings and left the question of prosecution to the appropriate prosecutorial authorities.
Court Disposition
Contempt proceedings against Ronald Wilson stayed.
Orders
- Stay of contempt proceedings against Ronald Wilson
- Decision whether to prosecute left to appropriate prosecutorial authorities
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