R. v. Bennett, [1992] 2 S.C.R. 168
Reginald Bennett Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Bennett
File No.: 22532.
1992: June 5.
Present: L'Heureux‑Dubé, Sopinka, Gonthier, McLachlin and Iacobucci JJ.
on appeal from the court of appeal for ontario
Constitutional law ‑‑ Charter of Rights ‑‑ Trial within a reasonable time ‑‑ Delay in this case not unreasonable.
Cases Cited
Applied: R. v. Morin, [1992] 1 S.C.R. 771.
APPEAL from a judgment of the Ontario Court of Appeal (1991), 3 O.R. (3d) 193, 46 O.A.C. 99, 64 C.C.C. (3d) 449, 6 C.R. (4th) 22, 7 C.R.R. (2d) 145, allowing the Crown's appeal from a stay of proceedings ordered by Stortini J. (1990), 11 W.C.B. (2d) 461. Appeal dismissed.
Melvyn Green, for the appellant.
David Butt, for the respondent.
The judgment of the Court was delivered orally by
//L'Heureux-Dubé J.//
L'Heureux‑Dubé J. ‑‑ It will not be necessary to hear from you Mr. Butt. The Court is ready to hand down judgment. The judgment will be pronounced by Mr. Justice Sopinka.
//Sopinka J.//
Sopinka J. ‑‑ This appeal as of right is governed by the principles expressed in R. v. Morin, [1992] 1 S.C.R. 771, released March 26, 1992. We do not share the views of the appellant with respect to the emphasis placed on statistics. Applying the factors in Morin, we agree with the conclusion reached by the Court of Appeal that there was no unreasonable delay in this case. The appeal is therefore dismissed.
Judgment accordingly.
Solicitors for the appellant: Ruby & Edwardh, Toronto.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.
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