DATE: 20061108
DOCKET: C43924
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – DANIEL JAMES GILLESPIE (Appellant)
BEFORE:
McMURTRY C.J.O., DOHERTY and MACPHERSON JJ.A.
COUNSEL:
John Norris
for the appellant
Bradley Reitz
for the respondent
HEARD & ENDORSED:
November 7, 2006
On appeal from the conviction entered at the Superior Court of Justice by Mr. Justice David J. Nadeau on June 30, 2005.
A P P E A L B O O K E N D O R S E M E N T
[1] The appeal turns on whether the trial judge erred in not finding that the initial stop was arbitrary. In his reasons the trial judge set out his findings of fact. Those findings support his conclusion that the initial detention was not arbitrary. We have had the benefit of a very thorough and careful review of the evidence by Mr. Norris, counsel for the appellant. He has not satisfied us that there is any basis upon which we can interfere with the findings of fact.
[2] The appeal is therefore dismissed.