DATE: 20031201

DOCKET: C40074 & C40804

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. REVEREND BROTHER MICHEL ETHIER (Appellant)

BEFORE: McMURTRY C.J.O., O’CONNOR A.C.J.O AND LASKIN J.A.

COUNSEL:

Reverend Brother Ethier (In Custody); Joseph Di Luca (Duty Counsel) for the appellant

Anya Weiler for the respondent

HEARD & ENDORSED: November 28, 2003

On appeal from order and judgment of Justice Karam of the Ontario Superior Court of Justice dated May 22, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] The trial court has jurisdiction over the charges against the appellant. These charges are not subject to this court’s decision in R. v. Parker. (See R. v. Turmel).

[2] Therefore, there is no basis for certiorari. The appeal is therefore dismissed.

[3] The request for Habeas Corpus is really an attempt to review the Habeas Corpus denial of bail. We see no basis for interfering with the denial of bail.

[4] The application for Habeas Corpus is therefore dismissed.