COURT OF APPEAL FOR ONTARIO
DATE: 20001204
DOCKET:C33030
MORDEN, AUSTIN AND GOUDGE JJ.A.
BETWEEN: )
) Michal Fairburn
HER MAJESTY THE QUEEN ) for the appellant
Appellant )
and ) Robert Sutherland
) for the respondent
TERRY CLAUS AND BAY WALSH )
LTD. )
Respondent )
) Heard: June 2, 2000
On appeal from the order of Justice Lawrence C. Kozak dated September 24, 1999.
GOUDGE J.A.:
[1] On September 24, 1999, Kozak J. issued a declaration that s.488.1 of the Criminal Code infringes the Charter of Rights and Freedoms and is unconstitutional. This is an appeal by the Crown in right of Ontario from that decision. It was argued together with R. v. Fink.
[2] For the reasons given by this court in R. v. Fink, I would dismiss the appeal.
Released: December 4, 2000 “JWM” “S.T. Goudge J.A.”
“I agree: J.W. Morden J.A.”
“I agree Austin J.A.”