R. v. Atkinson, [1992] 3 S.C.R.
465
George William Atkinson
and Ernest Gordon Atkinson Appellants
v.
Her Majesty The Queen Respondent
Indexed as: R. v.
Atkinson
File Nos.: 22691, 22738.
1992: November 2.
Present: La Forest,
Sopinka, Cory, McLachlin and Iacobucci JJ.
on appeal from the court of appeal for
ontario
Constitutional law ‑‑
Charter of Rights ‑‑ Trial within a reasonable time ‑‑
Right of accused to be tried within a reasonable time not infringed.
APPEAL from a
judgment of the Ontario Court of Appeal (1991), 5 O.R. (3d) 301, 50 O.A.C. 48,
68 C.C.C. (3d) 109, allowing the Crown's appeal from an order staying
proceedings. Appeal dismissed.
Alan D. Gold, for the appellant George William
Atkinson.
Bruce Duncan, for the appellant Ernest Gordon
Atkinson.
David Butt, for the respondent.
//La Forest J.//
The judgment of the
Court was delivered orally by
La Forest 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 Cory.
//Cory J.//
Cory J. ‑‑ It may be that we
would not agree with the reasons of the Court of Appeal on the issue of
waiver. However we are in substantial agreement with the balance of their
reasoning and the result they reached. Clearly the complexity of this case is
an important factor that must be taken into account in considering the question
of delay.
In the
circumstances the appeal will be dismissed and an order will go expediting the
trial.
Judgment
accordingly.
Solicitors for the
appellant George William Atkinson: Gold & Fuerst, Toronto.
Solicitors for the
appellant Ernest Gordon Atkinson: Duncan, Fava & Schermbrucker,
Toronto.
Solicitor for the
respondent: The Ministry of the Attorney General, Toronto.
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