Waye v. Canada
T-2063-91
Noël J.
29/10/92
3 pp.
Application for order or declaration sentence illegal or that Correctional Service obliged to calculate and apply sentence according to law and treat sentence as running consecutive to unexpired portion of term of imprisonment outstanding at time of escape -- Plaintiff sentenced to two months to run consecutive to any existing sentence for being unlawfully at large contrary to Criminal Code -- Application dismissed -- Court lacking jurisdiction to declare sentence passed by provincial court of criminal jurisdiction illegal -- Also outside Court's jurisdiction to order computation of sentence in manner inconsistent with sentence imposed on basis sentence not according to law, as also requires declaration sentence illegal -- Criminal Code, R.S.C. 1970, c. C-34, s. 133(1)(b).