DATE: 20050920

DOCKET: C43031

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – EELKE WALTER HAAKSMA (Appellant)

BEFORE:

GOUDGE, FELDMAN AND MACFARLAND JJ.A.

COUNSEL:

Peter K. McWilliams, Q.C.

for the appellant

Shelley M. Hallett

for the respondent Crown

HEARD:

September 6, 2005

On appeal from the order of Justice Christopher Speyer of the Summary Conviction Appeal Court dated January 7, 2005.

E N D O R S E M E N T

[1] We see no basis for interfering with Speyer J.’s exercise of discretion. There was no material before him to explain the delay in appealing or providing a basis to conclude that the appellant had formed an intention to appeal within the required time.

[2] It was also clearly open to Speyer J. to conclude that the appellant spoke and was heard prior to being sentenced. The transcript at pp. 37 and 38 says as much.

[3] It was equally open for him to conclude that the Charter argument made by Mr. McWilliams had little merit. Forsyth J. imposed sentence for the conviction he registered which was ultimately the only conviction of the appellant for this event. He had not previously been, in the language of s. 11(h) of the Charter, “finally” found guilty and punished for the same offence.

[4] The appeal is dismissed.

“S. T. Goudge J.A.”

“K. Feldman J.A.”

“J. MacFarland J.A.”