R. v. Allen, [1997] 3 S.C.R. 700
Hopeton Allen Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Allen
File No.: 25549.
1997: October 17.
Present: Sopinka, Gonthier, Cory, McLachlin and Major JJ.
on appeal from the court of appeal for ontario
Constitutional law ‑‑ Charter of Rights ‑‑ Trial within reasonable time ‑‑ Delay not occasioned by scarcity of judicial resources ‑‑ Whether stay of proceedings appropriate.
APPEAL from a judgment of the Ontario Court of Appeal (1996), 92 O.A.C. 345, 110 C.C.C. (3d) 331, 1 C.R. (5th) 347, [1996] O.J. 3175, allowing an appeal from a judgment of Ferguson J. granting a stay of proceedings. Appeal dismissed.
Peter Rosenthal and Charles C. Roach, for the appellant.
David Butt, for the respondent.
//Sopinka J.//
The judgment of the Court was delivered orally by
1 Sopinka J. -- We agree with the reasons of Doherty J.A. (1996), 92 O.A.C. 345, in the Court of Appeal. Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Roach, Schwartz & Associates, Toronto.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.
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