Reference re Milgaard (Can.)
- Citation
- [1992] 1 SCR 875
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 4 June 1992
- Posture
- Reference Pursuant to S.53 Supreme Court Act / Citation for Contempt in the Course of a Reference; Contempt Proceedings Stayed
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 4 June 1992
- Posture
- Reference Pursuant to S.53 Supreme Court Act / Citation for Contempt in the Course of a Reference; Contempt Proceedings Stayed
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
Ronald Wilson
Citizen Cited for Contempt/witness Counsel: Kenneth R. WatsonGovernor in Council
Referrer of the ReferenceAttorney General of Canada
Party (ordered New Trial)Attorney General for Saskatchewan
Party (entered Stay of Proceedings)03
Procedural history
Posture
Reference Pursuant to S.53 Supreme Court Act / Citation for Contempt in the Course of a Reference; Contempt Proceedings Stayed
04
Questions and positions
Legal issues
- 01
Whether the conduct of Ronald Wilson under oath in the Reference constituted contempt/perjury requiring summary adjudication
- 02
Whether the admission of new evidence and orders concerning a new trial and the provincial stay alter the appropriateness of summary contempt proceedings
- 03
Whether the decision to prosecute should be left to prosecutorial authorities
Party arguments
- Applicant
- The citation alleged that Mr. Wilson gave testimony under oath amounting to contempt/perjury and should be dealt with summarily by the Court.
- Respondent
- Given the Court's conclusions on the Reference, the order for a new trial by the federal Attorney General and the provincial Attorney General's stay of proceedings, the interests of justice do not require summary disposition; the matter should be left to prosecutorial authorities to decide whether to proceed.
05
Court’s reasoning
Legal principles
- 01
Supreme Court of Canada (this judgment)
Interests of justice can render summary contempt proceedings inappropriate.
- 02
Supreme Court of Canada; established criminal justice practice
Prosecutorial discretion governs the decision whether to initiate criminal proceedings, including prosecution for perjury or contempt.
- 03
Supreme Court of Canada (this judgment)
A stay of proceedings is an appropriate remedy where the interests of justice so require.
06
Ratio, limits and disposition
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.
Obiter and limits
- The Attorney General of Canada ordered a new trial; the Attorney General for Saskatchewan entered a stay of proceedings, facts which the Court noted but which did not itself decide beyond their effect on the contempt citation.
- The Court emphasized deference to prosecutorial authorities in determining whether to pursue criminal charges arising from sworn testimony in a Reference.
Court disposition
Contempt proceedings against Ronald Wilson stayed.
- Stay of contempt proceedings against Ronald Wilson
- Decision whether to prosecute left to appropriate prosecutorial authorities
Source and reliance status
Supreme Court of Canada · 4 June 1992
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 4 June 1992
Reference re Milgaard (Can.) Collection Supreme Court Judgments Date 1992-06-04 Report [1992] 1 SCR 875 Case number 22732 Judges Lamer, Antonio; Sopinka, John; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank On appeal from Saskatchewan Subjects Courts Notes SCC Case Information: 22732 Decision Content Reference re Milgaard (Can.), [1992] 1 S.C.R. 875 IN THE MATTER OF section 53 of the Supreme Court Act , R.S.C., 1985, c. S‑26 IN THE MATTER OF a Reference by the Governor in Council concerning whether the conviction of David Milgaard in Saskatoon, Saskatchewan, on January 31, 1970 for the murder of Gail Miller on January 31, 1969 constitutes a miscarriage of justice, and what remedial action, if any, is advisable, as set out in Order in Council P.C. 1991‑2376, dated the 28th day of November, 1991 Indexed as: Reference re Milgaard (Can.) File No.: 22732. 1992: February 3; 1992: June 4. Present: Lamer C.J. and Sopinka, Cory, McLachlin and Iacobucci JJ. citation for contempt Contempt of court ‑‑ Milgaard Reference ‑‑ Witness -- Perjury -- Contempt proceedings stayed. CITATION of Ronald Wilson for contempt in Reference re Milgaard (Can.), [1992] 1 S.C.R.
000. Contempt proceedings stayed. Kenneth R. Watson, for Ronald Wilson. //The Court// The following is the judgment delivered by The Court ‑‑ Given Mr. Ronald Wilson's testimony in the Milgaard Reference following the citation for contempt, our conclusions as regards this Reference, the order of the Attorney General of Canada for a new trial, and the Attorney General for Saskatchewan's decision to enter a stay of proceedings, we are all of the view that the interests of justice no longer require that Mr. Wilson's conduct under oath be dealt with summarily. We therefore leave to the appropriate prosecutorial authorities the decision whether to proceed in this matter, and we enter a stay of our contempt proceedings. Judgment accordingly. Solicitor for Ronald Wilson: Kenneth R. Watson, Nakusp, B.C.
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.