DATE: 20050825
DOCKET: C43265
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Appellant) – and – JASON BERNARD (Respondent)
BEFORE:
MCMURTRY C.J.O., BLAIR J.A. and KOZAK J. (ad hoc)
COUNSEL:
Susan Ficek
for the appellant
Christopher B. Kelly
for the respondent
HEARD & ENDORSED:
August 24, 2005
On appeal from the stay of proceedings ordered by Mr. Justice W. J. Lloyd Brennan at the Superior Court of Justice on February 15, 2005.
A P P E A L B O O K E N D O R S E M E N T
[1] While we recognize that there is always an important societal interest in having criminal cases proceed to trial, we can find no error in principle on the part of the trial judge in the exercise of his discretion in this matter. The appeal is therefore dismissed.