Colin J. Flynn

The Crown appealed a decision of the Newfoundland Court of Appeal, which had dismissed its appeal from a trial judge's order staying proceedings due to unreasonable delay.

The Supreme Court of Canada dismissed the appeal from the bench, agreeing with the courts below that the delay violated the accused's right to be tried within a reasonable time under s. 11(b) of the Charter.

The appellant appealed his conviction for second degree murder, arguing that the trial judge erred in instructing the jury on the defence of intoxication and made inflammatory remarks.

The Supreme Court of Canada dismissed the appeal, holding that the jury instructions on intoxication, taken as a whole, were not in error or misleading.

The Court also agreed with the majority of the Court of Appeal in dismissing the issues raised regarding unanimity and the trial judge's remarks.

The appellant appealed a decision vacating a stay of proceedings granted for unreasonable delay.

The Supreme Court of Canada dismissed the appeal, applying the principles from Askov and Morin.

The Court found that the five months of systemic delay prior to committal was not unreasonable, and that the delay subsequent to committal was largely explained by transcript preparation or waived by the appellant.

The remaining systemic delay was deemed not unreasonable.

The police entered the respondent's house to enforce a noise by-law after being invited in by her guests.

The respondent subsequently requested that the police leave, revoking the invitation.

The police refused to leave and arrested the respondent for obstructing a police officer.

The Supreme Court of Canada dismissed the Crown's appeal, agreeing with the lower courts that the revocation of the invitation made the police's continued presence and the subsequent arrest unlawful.