Present: Beetz, McIntyre, Lamer, Wilson, Le Dain, La Forest and L'Heureux‑Dubé JJ.
on appeal from the ontario court of appeal
Criminal law ‑‑ Charter of Rights ‑‑ Legal rights ‑‑ Fundamental justice ‑‑ Whether conduct of Crown at trial infringed rights of appellants ‑‑ Court of Appeal setting aside stay of proceedings and ordering a new trial ‑‑ No error in the Court of Appeal's exercise of its jurisdiction to review the judge's entering of a stay of proceedings.
APPEAL from a judgment of the Ontario Court of Appeal, rendered May 18, 1984, allowing an appeal from a judgment of Houston Co. Ct. J., summarized (1983), 9 W.C.B. 411, and setting aside a stay of proceedings. Appeal dismissed.
Edward L. Greenspan, Q.C., for the appellant Peter Booth.
Robert Topp, for the appellant Michael Prevost.
Randall Lalande, for the appellant Kevin Leclair.
John D. Keast, for the appellant Charles Booth.
Brian J. Gover, for the respondent.
Julius A. Isaac, Q.C., and Don Avison, for the intervener.
The judgment of the Court was delivered orally by
1. Beetz J.‑‑It will not be necessary to call on you, Mr. Gover and Mr. Isaac. I will ask my brother Lamer J. to deliver the judgment of the Court.
2. Lamer J.‑‑We find no error in the Court of Appeal's exercise of its jurisdiction to review the trial judge's entering of a stay of proceedings. We should not, in matters such as this, absent error, interfere with the findings below. Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant Peter Booth: Greenspan, Rosenberg, Toronto.
Solicitors for the appellants Michael Prevost and Charles Booth: Paquette, Campbell, Lalande, Sudbury.
Solicitors for the appellant Kevin Leclair: Topp, Stevens, Sudbury.
Solicitor for the respondent: The Ministry of the Attorney General for Ontario, Toronto.
Solicitor for the intervener: The Deputy Attorney General of Canada, Ottawa.
Email this Content