R. v. Druken, [1998] 1 S.C.R. 978
Her Majesty The Queen Appellant
v.
Jody Keith Druken Respondent
Indexed as: R. v. Druken
File No.: 26254.
1998: May 27.
Present: Lamer C.J. and L’Heureux‑Dubé, Gonthier,
Cory, Iacobucci, Major and Bastarache JJ.
on appeal from the court of appeal for newfoundland
Criminal law ‑‑ Jurisdiction ‑‑
Appeal ‑‑ Pre‑trial decision to remove counsel not going to
jurisdiction ‑‑ Decision to be reviewed after trial through normal
appeal process.
APPEAL from a judgment of the Newfoundland Court of
Appeal (1997), 157 Nfld. & P.E.I.R. 93, 486 A.P.R. 93, [1997] N.J.
No. 231 (QL), dismissing the Crown’s application to quash the accused’s
appeal from a decision of the Newfoundland Supreme Court, Trial Division
removing his counsel as counsel of record for conflict of interest. Appeal
allowed.
Wayne Gorman, for the
appellant.
R. Barry Learmonth, for
the respondent.
//The Chief Justice//
The judgment of the Court was delivered orally by
1 The Chief Justice ‑‑ The
decision to remove counsel does not go to jurisdiction. The issue as to
whether there is an appeal on a jurisdictional ground is not before us. The
decision to remove counsel is to be reviewed after the trial through the normal
appeal process set out by the Criminal Code .
2 We
are all in substantial agreement with the reasons of Cameron J.A. of the Court
of Appeal of Newfoundland and accordingly the appeal is allowed, the order of
the Court of Appeal is set aside and the Crown’s application to strike the
appeal is allowed. The matter is remitted to the Trial Court to proceed
according to law.
Judgment accordingly.
Solicitor for the appellant: Wayne Gorman, St.
John’s.
Solicitors for the respondent: Learmonth, Dunne
& Clarke, St. John’s.
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