R. v. Wagars, 2010 ONCA 49

CITATION: R. v. Wagars, 2010 ONCA 49

DATE: 20100121

DOCKET: C51276

COURT OF APPEAL FOR ONTARIO

Moldaver, Cronk and Lang JJ.A.

BETWEEN:

Her Majesty the Queen

Appellant

and

Jonathon Wagars and Joseph David

Respondents

Hazel Jones for the appellant

No one appearing for the respondents

Heard and endorsed: January 21, 2010

On appeal from acquittal by Justice Gilles Renaud of the Ontario Court of Justice dated September 15, 2009.

APPEAL BOOK ENDORSEMENT

[1] In the event that it was necessary to consider the Charter issues in this in absentia trial, we are of the view that at a minimum, both the trial judge and the judge on appeal erred in failing to consider s. 24(2) of the Charter.

[2] Accordingly, we would allow the appeal, set aside the judgments below and order a new trial.