R. v. Graham, [1988] 1 SCR 214

r. v. graham, [1988] 1 S.C.R. 214

Dale Patrick Graham  Appellant

v.

Her Majesty The Queen                                                                   Respondent

and

The Attorney General of Canada                                                     Intervener

indexed as: r. v. graham

File No.: 19417.

1988: February 2.

Present: Estey, McIntyre, Lamer, Wilson and L'Heureux‑Dubé JJ.

on appeal from the court of appeal for ontario

                   Criminal law ‑‑ Directed verdict ‑‑ Appeal as of right ‑‑ No error in the disposition of the case by the Court of Appeal.

                   APPEAL from a judgment of the Ontario Court of Appeal (1985), 20 C.C.C. (3d) 210, 10 O.A.C. 2, allowing an appeal by the Crown, setting aside the acquittal and ordering a new trial. Appeal dismissed.

                   Michael Thompson, for the appellant.

                   James K. Stewart and Robert E. Charney, for the respondent.

                   Graham H. Garton, Q.C., for the intervener.

                   The judgment of the Court was delivered orally by

1.                       Estey J.‑‑We do not need to call upon you Messrs. Stewart and Charney. We are all of the view that there is no error in the disposition of this appeal by the Court of Appeal for Ontario. Accordingly the appeal is dismissed.

                   Judgment accordingly.

                   Solicitors for the appellant: Cohen, Melnitzer, London.

                   Solicitor for the respondent: The Ministry of the Attorney General for Ontario, Toronto.

                   Solicitor for the intervener: The Deputy Attorney General of Canada, Ottawa.