R. v. Ethier
The court held the trial court had jurisdiction, R. v. Parker did not apply to these charges (per R. v. Turmel), there was therefore no basis for certiorari, and the habeas corpus application was an improper attempt to review a bail denial for which there was no basis to interfere; accordingly the appeals and...
Source-derived case information.
- Citation
- C40074, C40804
- Parties
- Appellant: Reverend Brother Michel Ethier; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 December 2003
- Procedural Posture
- Criminal / Appeal From Order and Judgment (ontario Superior Court) Dated May 22, 2003
- Outcome
- Appeal dismissed; application for habeas corpus dismissed; no certiorari available.
- Legal Topics
- Jurisdiction, Certiorari, Review of Bail Denial, Applicability of Precedent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reverend Brother Michel Ethier
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Order and Judgment (ontario Superior Court) Dated May 22, 2003
Legal Issues
- 1 Whether the trial court had jurisdiction over the charges
- 2 Whether R. v. Parker barred the charges
- 3 Whether certiorari was available
Ratio Decidendi
The court held the trial court had jurisdiction, R. v. Parker did not apply to these charges (per R. v. Turmel), there was therefore no basis for certiorari, and the habeas corpus application was an improper attempt to review a bail denial for which there was no basis to interfere; accordingly the appeals and applications were dismissed.
Court Disposition
Appeal dismissed; application for habeas corpus dismissed; no certiorari available.
Orders
- Appeal dismissed.
- No basis for certiorari; certiorari denied.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Ethier Collection Decisions of the Court of Appeal Date 2003-12-01 Docket numbers C40074, C40804 Judges McMurtry, Roy; O’Connor, Dennis; Laskin, John Ivan Subject Criminal Decision Content DATE: 20031201 DOCKET: C40074 & C40804 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. REVEREND BROTHER MICHEL ETHIER (Appellant) BEFORE: McMURTRY C.J.O., O'CONNOR A.C.J.O AND LASKIN J.A. COUNSEL: Reverend Brother Ethier (In Custody); Joseph Di Luca (Duty Counsel) for the appellant Anya Weiler for the respondent HEARD & ENDORSED: November 28, 2003\ On appeal from order and judgment of Justice Karam of the Ontario Superior Court of Justice dated May 22, 2003. APPEAL BOOK ENDORSEMENT [1] The trial court has jurisdiction over the charges against the appellant. These charges are not subject to this court’s decision in R. v. Parker. (See R. v. Turmel). [2] Therefore, there is no basis for certiorari. The appeal is therefore dismissed. [3] The request for Habeas Corpus is really an attempt to review the Habeas Corpus denial of bail. We see no basis for interfering with the denial of bail. [4] The application for Habeas Corpus is therefore dismissed.