Court File and Parties

Citation: R. v. Jourdain, 2007 ONCA 863 Date: 2007-12-07 Docket: C44858 Court of Appeal for Ontario

Between:

Her Majesty the Queen Respondent

and

Marshall Jourdain Appellant

Before: Laskin, Rosenberg and MacPherson JJ.A.

Counsel: Donald Colborne for the appellant Daniel Guttman for the respondent

Heard: December 7, 2007

On appeal from the conviction entered on January 16, 2006 by Justice Frank A. Sargent of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant raises several issues. In our view, the appeal can be resolved on a single issue. Unfortunately, the trial judge took two years to render a decision in this case and an additional five months to release brief reasons for the decision. This constituted an unreasonable delay in the circumstances of this case: see Rahey v. The Queen (1987), 1987 CanLII 52 (SCC), 33 C.C.C. (3d) 289 (S.C.C.).

[2] The appeal is allowed, the finding of guilt is set aside, and the proceedings are stayed. No costs.