Present:
Dickson C.J. and Beetz, Estey, McIntyre, Wilson, Le Dain, La Forest
and L'Heureux‑Dubé JJ.
on
appeal from the court of appeal for the yukon territory
Constitutional
law ‑‑ Charter of Rights ‑‑ Standards of application of
s. 24(1) of the Canadian Charter of Rights and Freedoms .
Statutes
and Regulations Cited
Canadian Charter of Rights and Freedoms, s.
24(1) .
APPEAL
from a judgment of the Yukon Court of Appeal (1985), 22 C.C.C. (3d) 181,
allowing an appeal by the Crown from the accused's acquittal on a charge of
breaking and entering. Appeal dismissed.
Penelope
Gawn, for the appellant.
Julius
A. Isaac and David Gates, for the respondent.
The
judgment of the Court was delivered orally by
1. The Chief Justice‑‑We
do not need to call upon you Mr. Isaac.
2. This
appeal comes to us as of right. In light of judgments of this Court not
available to the trial judge here, he erred in law, as a minimum in the
application of s. 24(1) of the Canadian Charter of Rights and Freedoms .
3. Accordingly
the appeal is dismissed. The matter must be returned for retrial.
Judgment
accordingly.
Solicitors
for the appellant: Anton, Campion, MacDonald & Phillips, Whitehorse.
Solicitor
for the respondent: F. Iacobucci, Ottawa.
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