Court File and Parties
Citation: R. v. Jourdain, 2007 ONCA 863 Date: 2007-12-07 Docket: C44858 Court of Appeal for Ontario
Between:
Her Majesty the Queen Respondent
and
Marshall Jourdain Appellant
Before: Laskin, Rosenberg and MacPherson JJ.A.
Counsel: Donald Colborne for the appellant Daniel Guttman for the respondent
Heard: December 7, 2007
On appeal from the conviction entered on January 16, 2006 by Justice Frank A. Sargent of the Ontario Court of Justice.
Appeal Book Endorsement
1The appellant raises several issues. In our view, the appeal can be resolved on a single issue. Unfortunately, the trial judge took two years to render a decision in this case and an additional five months to release brief reasons for the decision. This constituted an unreasonable delay in the circumstances of this case: see Rahey v. The Queen (1987), 1987 CanLII 52 (SCC), 33 C.C.C. (3d) 289 (S.C.C.).
2The appeal is allowed, the finding of guilt is set aside, and the proceedings are stayed. No costs.