CASE NO. VOL. NO. PAGE
Cite as: R. v. Smith, 1997 NSCA 202
LINDA SMITH HER MAJESTY THE QUEEN
(Appellant) - and - (Respondent)
C.A.C. No. 138657 Halifax, N.S. BATEMAN, J.A.
(Orally)
APPEAL HEARD: November 27,1997
JUDGMENT DELIVERED: November 27, 1997
WRITTEN RELEASE OF ORAL: December 3, 1997
SUBJECT: Appeal from Summary Conviction Appeal Court on charge under Dispensing Opticians' Act.
SUMMARY: Assistant to an optometrist conducted optical dispensing functions. Assistant was not licensed under Dispensing Opticians' Act. Found not guilty by Provincial Court judge. Reversed on appeal to Supreme Court - new trial ordered.
ISSUES: Whether s. 17 of Act, which exempts optometrist from being licensed under that Act, permits the optometrist to delegate certain functions to assistant.
RESULT: Appeal dismissed. Appeal Court judge made no error in reversing conviction and ordering a new trial.
This information sheet does not form part of the court's decision. Quotes must be from the decision, not this cover sheet. The full court decision consists of 2 pages. |