DATE: 20051021

DOCKET: C43438

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Prosecution/Respondent) – and – REVEREND BROTHER WALTER TUCKER (Defendant/Appellant) and REVEREND BROTHER MICHAEL BALDASARO (Defendant/Appellant)

BEFORE:

McMURTRY C.J.O., LASKIN and LANG JJ.A.

COUNSEL:

Reverend Brother Walter Tucker

in person

Reverend Brother Michael Baldasaro

in person

Peter Boushy

Counsel, not representative of Rev. Br. Michael Baldasaro

Croft Michaelson

for the respondent

HEARD & ENDORSED:

October 18, 2005

On appeal from the decision of Justice N. Borkovich of the Superior Court of Justice dated April 29, 2005.

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

[1] The appellants ask that the charges be quashed or that a new preliminary inquiry be ordered. We see no basis for either order.

[2] The only appeal before us is from the decision of Borkovich J. We agree with the Crown that the appeal is moot because the provincial court judge decided to convert the proceedings into a preliminary inquiry. His decision to do so is not the subject of the appeal before us. We note that Sharpe J.A. came to a similar view on the motion yesterday.

[3] Accordingly, this appeal from Borkovich J. is dismissed.