R. v. Wagars, 2010 ONCA 49
COURT OF APPEAL FOR ONTARIO
Moldaver, Cronk and Lang JJ.A.
BETWEEN:
Her Majesty the Queen
Appellant
and
Jonathon Wagars and Joseph David
Respondents
Hazel Jones for the appellant
No one appearing for the respondents
Heard and endorsed: January 21, 2010
On appeal from acquittal by Justice Gilles Renaud of the Ontario Court of Justice dated September 15, 2009.
APPEAL BOOK ENDORSEMENT
1In the event that it was necessary to consider the Charter issues in this in absentia trial, we are of the view that at a minimum, both the trial judge and the judge on appeal erred in failing to consider s. 24(2) of the Charter.
2Accordingly, we would allow the appeal, set aside the judgments below and order a new trial.