Regina v. Coffin (Motion)

Regina v. Coffin (Motion)

The preliminary objection to the Court's jurisdiction is dismissed: s.55 of the Supreme Court Act authorized the Governor in Council Reference and the objections based on res judicata, interference with provincial administration of justice, and s.596 of the Criminal Code fail.

Citation
[1956] SCR 186
Parties
Applicant: Regina; Accused: Wilbert Coffin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1955
Procedural Posture
Reference Under Supreme Court Act (governor General in Council) / Preliminary Objection to Jurisdiction (motion Heard)
Outcome
Motion dismissed
Legal Topics
Reference Jurisdiction Under S.55, Res Judicata, Clemency/pardon Procedure, Division of Powers, Criminal Code S.596
Source Language
English
Constitutional Law Criminal Law Administrative Law Public Law Reference Jurisdiction Under S.55 Res Judicata Clemency/pardon Procedure Division of Powers +1 more

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Parties

Regina

Applicant

Wilbert Coffin

Accused

Procedural Posture

Reference Under Supreme Court Act (governor General in Council) / Preliminary Objection to Jurisdiction (motion Heard)

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction under s.55 to hear the Governor in Council Reference
  2. 2 Whether the Reference sought a judicial determination barred by res judicata
  3. 3 Whether answering the Reference would unlawfully interfere with provincial administration of justice under s.92(14) BNA Act

Ratio Decidendi

The preliminary objection to the Court's jurisdiction is dismissed: s.55 of the Supreme Court Act authorized the Governor in Council Reference and the objections based on res judicata, interference with provincial administration of justice, and s.596 of the Criminal Code fail.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed.